Application for directions on acceptance of English notice in vernacular newspaper and limitation waiver in appeal under SARFAESI Act. Matter placed before Honble Chairperson for directions.
Matter placed before Honble Chairperson on 28/03/2023 for direction.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
DY. No.428/2021 Date: 10/01/2023
Sri Partha Banerjee……………………..Appellant V/s.
State Bank of India &2 Ors………… Respondents
Ld. Counsel, Ms. Mitul Chakraborty along with Ld. Counsel, Ms. MiliSaha appears on behalf of appellant and files affidavit of service for newspaper publication upon remaining respondent no.3, one in English and another in vernacular. However, in case of vernacular newspaper, notice has been published in English language. She submits that notice in English language in vernacular newspaper may be accepted and prays to place the matter before the Hon’ble Chairperson.
Ld. Counsel, Ms. Saswati Sikder appears for respondent No. 1 & 2 and submits that they are yet to receive copy of appeal memo.
This application being Dy. No. 428/2021 is filed by Ld. Advocate Ms. Mitul Chakraborty on behalf of Sri Partha Banerjee on06.08.2021 against the order dated 03/08/2021 in IA/1819/2019 & IA/1820/2019 in SA/59/2019 in DRT-1, Kolkata, under section 18 of the Securitization& Reconstruction of Financial Assets & Enforcement of Security Act, 2002. The application is well within the limitation and waiver application being IA/324/2021 has been filed along with the application. All the defects mentioned in order dated 29/04/2022 of Registry Bench are been removed by the Ld. Advocate of the Appellant.
It is alsosubmitted that WPA 799 of 2022 and WPA No. 20135 of 2021 in the above matter before the Hon’ble High Court at Calcutta were dismissed as withdrawn vide order 07/09/2022 and 21/11/2022 respectively by the Hon’ble Court.
Let the matter may be placed before Hon’ble Chairperson on 28/03/2023 for direction.
Sd/-
REGISTRAR
2 issues framed by the court
Whether the notice published in English language in a vernacular newspaper should be accepted in service of summons/notice.
Whether the appeal filed under Section 18 of the SARFAESI Act is within the limitation period.
1 provisions across 1 enactments
Sri Partha Banerjee
State Bank of India
Ors.
As recorded by the court registry
16 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
