Asset Reconstruction Company India Limited v. Sanjai Kumar Srivastava @ Sanjay
Case brief
What is this about?
Single bench short order listing case for order. Counsel argued delay condonation and court fee deficiency but matter postponed to next date for hearing. No disposition recorded.
What the court decided
A compact analysis
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Appeal Dy. No. 527/2023 Date: 26.05.2023
Asset Reconstruction Company India Ltd. Vs. Sanjai Kumar Srivastava @ Sanjay
Shri K.M. Asthana, Ld. Counsel for the appellant is present.
Defects pointed out at point No. 1 and 3 have been reconciled.
The appeal is beyond limitation and proper court fee has also not been paid by the appellant.
Regarding point No. 2. i.e. Delay Condonation Application, the learned counsel for the appellant has submitted that the certified copy of the impugned order has been delivered to the appellant on 28.03.2023 and the appeal has been filed on 27.04.2023 which is well under limitation.
Regarding point no. 4 i.e. legible copies of some pages, the appellant submits that it is best legible copies available with him and if required by the Hon’ble Court the same shall be filed in due course.
Regarding deficiency of court fee at point No. 5, it is submitted by the appellant that they are confined to the dispute of auction sale of the secured assets dated 15.03.2023 of Rs. 24,5000/- as such the court fee of Rs. 3125 has been paid as per rule 13(2) D of the Security Interest Rule.
It is further prayed by the learned counsel for the appellant that the matter be placed before the Hon’ble Court for arguing on the above defects pointed out by the registry.
Issues for consideration
2 issues framed by the court
Whether the appeal under section 18 of the SARFAESI Act is barred by limitation.
Whether the deficiency in deposit of court fee warrants dismissal.
Parties & counsel
- appellant
Asset Reconstruction Company India Ltd.
- respondent
Sanjai Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 091090005272023
- Topic
- Banking and Recovery
All orders in this case
3 orders share this CNR
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