Mrs. Saswati Gupta v. Indian Bank
Case brief
What is this about?
The Debt Recovery Appellate Tribunal at Kolkata issued procedural orders regarding two distinct matters. Firstly, a restoration petition filed by M/s. Penguin Textiles Ltd. was scrutinized for defects including the absence of an online filing receipt, missing signatures, and a non-filed affidavit of service, with the matter adjourned for defect removal. Secondly, an appeal filed by Mrs. Saswati Gupta under the SARFAESI Act was recorded as being within the limitation period and placed before the Chairperson for admission.
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
Diary no.374/2020 Date:14/03/2022
Mr. Kamal Kumar Saha………...Appellant
Vs.
IDBI Bank Ltd. & ors ……….Respondents
Received an application under section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 presented by Ld. Advocate, Mr. Bikash Shaw .
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Mr. Kamal Kumar Saha against the order passed by the Hon’ble Presiding Officer, DRT -3, Kolkata. Application fees of Rs.205/- vide T.R. no.114716 dt. 14.10.2020 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is not within the period of Limitation but accompanied with a petition for condonation of delay.
Issues for consideration
2 issues framed by the court
Whether restoration petitions under Section 22 of the RDB Act can be admitted pending removal of procedural defects such as missing online filing receipts and authorized signatures.
Whether appeals filed under Section 18 of the SARFAESI Act within the period of limitation satisfy the requirements for admission before the Chairperson.
Parties & counsel
- appellant
Smt. Chhanda Hazra & Ors
- respondent
Central Bank Of India & ors
- appellant
Ashoka Hawai & Shoes Pvt. Ltd
- respondent
Indian Overseas Bank & Ors
- appellant
Asset Advisory Services India Pvt. Ltd.
- respondent
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · December
- CNR
- 191090008692023
- Topic
- Banking and Recovery
All orders in this case
2 orders share this CNR
- Order 1 — this page · Sukhendu Kumar Narjary
- Order 2 · Anil Kumar Srivastava
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