Via Rd 2 v. Andhra Bank
Case brief
What is this about?
This single-line order by the Debts Recovery Appellate Tribunal at Kolkata directed the appellant to rectify four defects in their Section 18 application under the SARFAESI Act, including missing documents and missing pre-deposit, within 15 days.
What did the court decide?
Directions to remove defects were issued and the matter was posted for appearance.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary no.583/2021; Date : 28/04/2022
M/s. VIA RD 2 ………...Appellant Vs.
Union Bank of India (erstwhile Andhra Bank) & ors.……….Respondents
Received an application under section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 presented by Ld. Advocate, Mr. Nemani Srinivas.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of M/s. VIA RD 2 against the order dt.14.09.2021 in SA/100/2019 passed by the Ld. Presiding Officer, DRT-II, Hyderabad. Application fees of Rs.83,750/- vide T.R. no.115311 dt. 28.10.2021 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate, Mr. Nemani Srinivas.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is not well within the period of Limitation but petition for condonation of delay is filed. Another application for waiver of pre-deposit is filed along with this application.
Issues for consideration
2 issues framed by the court
Whether the application under Section 18 of the SARFAESI Act, 2002 suffers from defects such as missing annexures and non-compliance with pre-deposit requirements.
Whether the period of limitation for filing the appeal has been condoned.
Parties & counsel
- appellant
M/s. VIA RD 2
- respondent
Union Bank of India (erstwhile Andhra Bank) & ors.
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court