The DRT-A bench dismissed an appeal for lack of maintainability, noting no representation was filed and no application for pre-deposit waiver under the SARFAESI Act was submitted by the appellant claiming under the borrower.
Appeal dismissed; Interlocutory Applications dismissed as infructuous.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI
Present: Mr Justice Ashok Menon, Chairperson
Misc. Appeal No. 72/2023
Between
Gunveen Kaur Nirh
V/s.
Tata Capital Financial Service Ltd. & Ors.
… Appellant/s
…Respondent/s
-: Order dated: 07/08/2023:-
No representation for the Appellant.
There is no application filed under section 18 (1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI’, for short) for waiver of pre-deposit. The appeal cannot be entertained since the Appellant is claiming under the borrower, and therefore, the appeal stands dismissed.
Interlocutory Applications, if any, are dismissed as infructuous.
Sd/-
Chairperson
mks-24
1
3 issues framed by the court
Whether the appeal is maintainable where no representation is filed and no application for waiver of pre-deposit under Section 18(1) of the SARFAESI Act is filed.
Whether the tribunal can entertain an appeal where the appellant is claiming under the borrower.
Whether the appeal must be dismissed for non-compliance of SARFAESI Act requirements.
1 provisions across 1 enactments
Gunveen Kaur Nirh
Tata Capital Financial Service Ltd.
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
