Rudra Bhattacharya and Anr. v. Bank of India
Case brief
What is this about?
DT Karnataka recorded receipt of an appeal under Section 18(1) of the SARFAESI Act, 2002 filed on 18/01/2023 by Sri Rudra Bhattacharya challenging an order dated 20/12/2022. The Registrar noted procedural defects including missing list of dates and blank affidavit paragraphs.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dy. No. /45/2023 Date: 19/01/2023
Sri Rudra Bhattacharya & Anr. ------------Appellants Versus The A.O. Bank of India & Ors. ------------Respondents
Received an application on 18/01/2023 under Section 18(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 presented by Mr. Rudra Bhattacharya party in person.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Sri Rudra Bhattacharya & Anr. against the order dated 20/12/2022 passed in I.A. No. 402 of 2022 in T.S.A. No. 5 of 2022 in DRT- 1, Kolkata. Application fees of Rs.200/- vide T.R. No.116585 dt. 18.01.2023 has been paid along with the application.
The case is under the jurisdiction of this Appellate Tribunal.
Application is within the period of limitation.
Waiver application being I.A.No. 31 of 2023.
On scrutiny following defects are mentioned.
Issues for consideration
3 issues framed by the court
Whether the application under Section 18(1) of the SARFAESI Act, 2002 is maintainable
Whether defects in the application memo and affidavit warrant rejection or remand
Whether the appeal is within the period of limitation
Parties & counsel
- appellant
Sri Rudra Bhattacharya & Anr.
- respondent
The A.O. Bank of India & Ors.
Case details
As recorded by the court registry
All orders in this case
12 orders share this CNR
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