Haripada Debnath v. State Bank Of India
Case brief
What is this about?
The tribunal dismissed the appeal at the admission stage后发现 no merits or grounds for admitting it against an interim order regarding the validity of a Demand Notice under the SARFAESI Act without an annexed Statement of Account. The court also dismissed the challenge to a District Magistrate's order for lack of grounds in the interim application.
What did the court decide?
Appeal dismissed at the admission stage; no order as to costs.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appeal Dy. No. 456 of 2023 (Arising out of SA No. 340 of 2022 in DRT-1, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
31.07.2023 Haripada Debnath ... Appellants -VsState Bank of India & Anr ... Respondent Mr. Saptarshi Guha, Learned Counsel for the Appellant None for the Respondent
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the Appellant and perused the record at admission. At the very outset, Learned Counsel for the Appellant submits that he has filed the appeal within the period of limitation. He should be given an opportunity of hearing at the time of final hearing. Merits of the appeal could not be looked into at this stage. 2. I am not impressed with the arguments. Rather if the Appeal lacks merits or there are no grounds to admit the Appeal, Appeal itself, as of right, could not be admitted which is filed against an interim order. 3. As far as admission is concerned, Appeal is preferred against an order dated 22.06.2023 wherein Ld. DRT held that the Demand Notice is valid and thereafter Possession Notice was issued. Orders of the Ld. District Magistrate
2
dated 20.10.2022 was also found to be valid. Accordingly, I.A. No. 2267 of 2022 was dismissed.
Issues for consideration
3 issues framed by the court
Whether an appeal against an interim order dispensing with the annexure of Statement of Account under Section 13(2) of the SARFAESI Act is maintainable at the admission stage and whether grounds for c
Whether the rejection of the interim application groundlessly challenges the validity of the demand notice due to the absence of annexed Statement of Account.
Whether the appeal filed against an interim impugned order lacks merit and grounds for admission.
Parties & counsel
- appellant
Haripada Debnath
- respondent
State Bank of India
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 191090004562023
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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