A Parameswara Reddy v. State Bank of India
Case brief
What is this about?
In an interim pending order, the Debts Recovery Appellate Tribunal at Kolkata noted that the appellant filed a waiver application under section 17 of the SARFAESI Act instead of section 18. The matter was posted for appearance and removal of defect.
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
Misc. Appeal Dy. No. 616 of 2023, Date 12/09/2023
Sri Avuduri Parameswara Reddy -------- Appellant
Versus
The Authorised Officer, State Bank of India ------- Respondent
Received an appeal filed online on 11/09/2023 and hard copy on 12/09/2023 under section 18(1) of the SARFAESI Act, 2002 presented by Ld. Advocate Mr. T. Jeevan on behalf of Sri Avuduri Parameswara Reddy, Appellant.
The appeal has been filed on behalf of Sri Avuduri Parameswara Reddy against the order dated 06/09/2023 passed in I.A. No. 2000 of 2023 in S.A. No. 419 of 2023 in DRT, Visakhapatnam. Appeal fee with vakalatnama fee of Rs.205/- vide Transaction Ref. ID 1109230029084 dated 11/09/2023 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.
Waiver application being I.A. No. 350 of 2023 is filed through online on 11/09/2023 and hard copy on 12/09/2023 u/s 17 of SARFAESI Act, 2002 with application fee of Rs.200/- vide Transaction Ref. Id. 1109230029961 dt. 11.09.2023 has been paid through online.
Issues for consideration
2 issues framed by the court
Whether the waiver application filed under section 17 of SARFAESI Act is maintainable instead of section 18.
Whether the appellant cured the defect filed under the wrong section.
Parties & counsel
- appellant
Sri Avuduri Parameswara Reddy
- respondent
The Authorised Officer, State Bank of India
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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