Intiaz Ahmed v. State Bank of India
Case brief
What is this about?
The DRAT clerk recorded an order on an appeal filed against an impugned bank notice. The clerk noted the appeal was outside the limitation period and listed multiple procedural defects requiring rectification before liminaling the matter.
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
Dy. No. /11/2023 Date: 03/01/2023
Intiaz Ahmed -------- Appellant
Versus
State Bank of India & Ors.------- Respondents
Received an application by post on 02/01/2023 under Section 18(1) of the Recovery of Debts Due to Bnaks Financial Institutions Act, 1993 presented by Ld. Advocate, Ms. Anita Das.
Ld. Counsel Ms. Papia Chakrabarty in her letter signed dated 30/12/2022 enclosed one application for condonation of delay, one waiver application and IPOs amounting of Rs. 500/along with this application.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Intiaz Ahmed prayed for to set aside the notice dated 12.09.2019 issued under section 13(4) Rule 8(1) of the SARFAESI Act.
Application fees of Rs.100/- vide T.R. No.116536 dt. 03.01.2023 has been paid along with the application.
The case is under the jurisdiction of this Appellate Tribunal.
Issues for consideration
2 issues framed by the court
Whether the appeal filed by the appellant was barred by limitation as it was filed after 1201 days.
Whether defects in the hearing fee, filing form, supporting documents, costs, and mandate compelled the Trial Court clerk to post the matter.
Parties & counsel
- appellant
Intiaz Ahmed
- respondent
State Bank of India & Ors.
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · January
- CNR
- 191090000112023
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
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