Disposed

Sri Brunda Infrastructure Private Limited v. Canara Bank

DRAT11 Apr 2023REGULAR APPEAL/70/2023

Case brief

AI extract

What is this about?

Registrar diary noting admission of regular appeal under Section 18 SARFAESI Act. Registry verified fee payment, jurisdiction, and limitation. Noted pending submission of hard copy for one application and adjourned for defect removal.

What did the court decide?

Matter postoned for removal of defect regarding missing hard copy of application IA Dy No. 237 of 2023.

Sri Brunda Infrastructure Private Limited versus Canara Bank — Company and Corporate | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Regular Appeal Diary No. 236 of 2023 Date: 11/04/2023

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M/s. Sri Brunda Infrastructure Private Limited represented by its Managing Director KJD Srinivas ------------Appellant

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Versus

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Canara Bank (ersrtwhile Syndicate Bank) & 7 Ors. ------------Respondents

¶6

Received an appeal filed online on 03/04/2023 under section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 presented by Ld. Advocate, Mr. Sandip Mandal on behalf of M/s. Sri Brunda Infrastructure Private Limited . Hard copy of the application is received on 11/04/2023.

¶7

Scrutiny of the application reveals the followings:

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The appeal has been filed on behalf of M/s. Sri Brunda Infrastructure Private Limited represented by its Managing Director KJD Srinivas against the order dated 27/02/2023 passed in I.A. No. 1822 of 2021 in SAIR No. 946 of 2021 in DRT-II, Hyderabad. Application fee along with vakalatnama fee of Rs.50005/- (Rs.1000/- vide Transaction Ref. ID 0304230045365 dated 03/04/2023 & Rs. 49005/- vide Transaction Ref. ID 1104230062032 dated 11/04/2023) has been paid through online along with the application.

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The Vakalatnama has been filed by the Ld. Advocate.

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The case is under the jurisdiction of this Appellate Tribunal.

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Application is within the period of limitation.

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Appellant states at page 23 in para IX of memorandum of appeal that he is neither the borrower or the guarantor nor a mortgagor in the loan transaction and has approached the Appellate Tribunal against an interim order dated 16.03.2018 passed by DRT-II, Hyderabad and hence the pre-deposit clause is not applicable in the instant case.

¶13

Caveat No. 24 of 2023 has been received in the matter of M/s Sri Mahalakshmi Enterprises & Mrs. Dwarampudi Mahalakshmi Vs. Sri Brunda Infrastructure Pvt. Ltd. & Canara Bank (erstwhile Syndicate Bank) filed by Ld. Advocate Smt. C.H. Laxmi Chaya, Adv for Caveator, M/s Sri Mahalakshmi Enterprises & Mrs. Dwarampudi Mahalakshmi on 06.03.2023. Service for postal receipts is annexed with the Caveat application. Caveat No. 24 of 2023 is placed on file.

¶14

The following defect is noted from the Application:

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On verification of e-filing system report it is observed that one IA Dy No. 237 of 2023 is also filed online on 03.04.2023 relating to this appeal. However hard copy of the same is yet to be submitted by the Appellant.

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Post the matter on 13/04/2023 for removal of defect.

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Sd/-

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REGISTRAR

Sri Brunda Infrastructure Private Limited v. Canara Bank

Case brief

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Sri Brunda Infrastructure Private Limited v. Canara Bank

Case brief

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