Punjab National Bank v. Sri Tuhin Kanti Chowdhury
Case brief
What is this about?
This order notes defects in an application filed by Punjab National Bank in Misc. Appeal Diary No. 200 of 2023. Defects include delay in filing (limitation) and absence of SARFAESI Section 13(2) notice copy. The matter was posted for curing defects.
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 Diary No. 200 of 2023 Date: 23/03/2023
Punjab National Bank & Anr. ------------Appellants
Versus
Sri Tuhin Kanti Chowdhury ------------Respondent
Received an application on 20/03/2023 filed online under 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 presented by Ld. Advocate, Mrs. Sharmistha Pal. Hard copy of the application is received on 23/03/2023.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Punjab National Bank & Anr against the order dated 03/02/2023 passed in S.A. No. 97 of 2023 in DRT-1, Kolkata. Application fee alongwith vakalatnama fee of Rs.205/- vide Transaction Ref. ID 1603230021937 has been paid through online along with the application.
The Vakalatnama has been filed by the Ld. Advocate.
The case is under the jurisdiction of this Appellate Tribunal.
Issues for consideration
2 issues framed by the court
Whether the application for reply to order falls within the period of limitation as per Section 18 of the SARFAESI Act, 2002.
Whether the submission of a copy of the 13(2) notice is mandatory under the SARFAESI Act.
Parties & counsel
- appellant
Punjab National Bank & Anr
- respondent
Sri Tuhin Kanti Chowdhury
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · March
- CNR
- 191090002002023
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court