Mr Satish Kumar v. Canara Bank
Case brief
What is this about?
The Debts Recovery Appellate Tribunal, Kolkata, listed an appeal maintainability objection regarding the absence of a pre-deposit waiver application under Section 18(2) of the SARFAESI Act, 2002, and adjourned to April 27, 2023.
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
Appl. Dy No. 29 of 2020
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
12.04.2023
M. Satish Kumar & Anr.
… Appellant
-Vs-
Canara Bank & Ors.
… Respondents Mr. Sreyash Basu Dasgupta, ld. Counsel for appellant. Mr. Ayan Kr. Boral, ld. Counsel with Mr. Archan Dutta; Mr. Subhadip Basu, ld. counsel for the respondent.
THE APPELLATE TRIBUNAL :
At the very outset learned counsel for the respondent has raised a preliminary objection that this appeal is filed u/s 18 of the SARFAESI Act, 2002, but no application u/s 18(2) for waiver
from making pre-deposit is filed by the appellant. Hence, the appeal itself is not maintainable.
Issues for consideration
1 issue framed by the court
Whether the appeal filed under Section 18 of the SARFAESI Act, 2002 is maintainable without a separate application under Section 18(2) for waiver of pre-deposit.
Parties & counsel
- appellant
M. Satish Kumar & Anr
- respondent
Canara Bank & Ors
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
12 orders share this CNR
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