This disposal orders the appeal for appearance to remove procedural defects. The court noted missing Vakalatnama fees and unsigned appeal documents, directing the appellant to fix these by a specified date after further consideration of the limitation petition.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal Dy. No. 179 of 2023, Date 03/05/2023
Genesis Poweronics India Pvt. Ltd.-------- Appellant
Versus
Sanjay Re-Rolling Mills Pvt. Ltd. & 2 Ors. ------- Respondent
Received an appeal filed online on 13/03/2023 under section 18 of the SARFAESI Act, 2002 presented by Ld. Advocate Mr. Ch. Srinivas Raju on behalf Genesis Poweronics India Pvt. Ltd, Appellant. Hard copy of the application is received on 02/05/2023 by post.
The appeal has been filed on behalf of Genesis Poweronics India Pvt. Ltd against the order dated 21/06/2021 passed in S.A. No. 20 of 2018 in DRT-II, Hyderabad. Application fee of Rs.50000/- vide Transaction Ref. ID 1303230039806 dated 13/03/2023 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.
In respect of limitation Appellant states that against the impugned order dated 21/06/2021 Appellant filed a Writ Petition vide W.P. No. 34205 of 2021 before Hon’ble High Court of T.S. and the writ petition was disposed of on 02/02/2023 with a direction to appeal before Hon’ble DRAT within six weeks. Hence the appeal is filed within 30 days from the orders and thus, the appeal is within the period of limitation.
Hon’ble High Court was pleased to direct in the said W.P. vide order dated 02/02/2023 (copy enclosed at page 60-69) that DRAT is requested to exclude the period spent before this court till date i.e. on 02/02/2023 from 14/12/2021(date of filing of W.P.) and for further period of six(6) weeks from today(02/02/2023) towards computation of period of limitation. Hence, the period from 21/06/2021 to 13/12/2021 is not within the period of limitation.
On scrutiny following defects are mentioned.
Caveat No. 19 of 2023 has been received in the matter of Asset Reconstruction Company (India) Ltd. Vs. (i) Genesis Poweronics India Private Limited & (ii) S. Venkata Charyfiled by Ld. Advocate Mr. Kushagra Shah on behalf of Asset Reconstruction Company (India) Ltd. which is filed with application fee of Rs.255/- through online on 10.02.2023. Asset Reconstruction Company (India) Ltd. is Respondent No. 3 in this Dy.No. 179 of 2023. Postal receipts in respect of service of this caveat are annexed with the Caveat application.
Post the matter on 08/05/2023 for appearance and removal of defects by the Appellant.
Sd/-
REGISTRAR
2 issues framed by the court
Whether the appeal filed is within the period of limitation given the High Court's direction to exclude dates spent before the court.
Whether the appeal requires removal of procedural defects including missing Vakalatnama fee and missing advocate signature.
Genesis Poweronics India Pvt. Ltd.
Sanjay Re-Rolling Mills Pvt. Ltd.
Asset Reconstruction Company (India) Ltd.
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
