An initiative order by the Debts Recovery Appellate Tribunal, Kolkata, postponing the matter to rectify multiple defects in the appellant's vakalatnama and page boundaries in the appeal proceedings.
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
Misc. Appeal Dy. No. 676 of 2023, Date 04/10/2023
Kontham Narsing Rao -------- Appellant
Versus
UCO Bank & Ors. ------- Respondent
Received an appeal filed online on 27/09/2023 hard copy on 04/10/2023 under section 18(1) of the SARFAESI Act, 2002 presented by Ld. Advocate Mr. Nemani Srinivas on behalf of Kontham Narsing Rao, Appellant.
The appeal has been filed on behalf of Kontham Narsing Rao against the order dated 31/08/2023 passed in I.A. No. 5134 of 2018 in S.A.I.R. No. 349 of 2018 in DRT-II, Hyderabad. Appeal fee with vakalatnama fee of Rs.205/- vide Transaction Ref. ID 2709230017637 dated 27/09/2023 has been paid through online along with the appeal.
The Vakalatnama has been filed by the Ld. Advocate.
The case is under the jurisdiction of this Appellate Tribunal.
Appeal is within the period of limitation.
Caveat No. 85 of 2023 has been filed online on 14/09/2023 and hard copy on 18/09/2023 by Ld. Advocate Mr. G.V. Krishnam Raju, on behalf of (1) Sri Jangaiah, & (2) Sri J. Narayana, Caveator against (1) UCO Bank & (2) Shri Kontham Narsing Rao with application fee of Rs.205/- through online vide Transaction Ref. ID. 1409230023972 dated 14.09.2023. Caveators are respondent in this Dy. No. 676 of 2023. Postal receipts in respect of service upon UCO Bank and Kontham Narsing Rao is annexed with the Caveat application.
On scrutiny following defects are observed
(i) Appellant’s signature is not in Vakalatnama (ii) Page Nos. 46, 50, 135 & 161 in Volume II are not legible (iii) Page Nos. 50, 135 & 161 in Volume II are in vernacular but translate copy is not given
Post the matter on 06/10/2023 for appearance and removal of defects by the appellant.
Sd/-
REGISTRAR
1 issue framed by the court
Whether the appeal filed by the appellant suffers from procedural defects that warrant removal before adjudication.
Kontham Narsing Rao
UCO Bank
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
