Sharda Sharan Tripathi v. Federal Bank and 3 Ors.
Case brief
What is this about?
The bench listed the appeal filed by the appellant under Section 18 of the SARFAESI Act against a final order of the DRT. The counsel raised a defect regarding service of notice, claiming the appellant is a third party and could not have served the notice. The court fixed the matter for admission.
What did the court decide?
Listed for admission on 20.07.2023.
What the court decided
Appeal Dy. No. 872/2023 Date: 13.07.2023
Sharda Sharan Tripathi Vs. Federal Bank
Shri V.K. Shukla, Ld. Counsel for the appellant is present and mentioned Pin Code Number. Ld. Counsel deposited Rs. 49,800/towards deficit court fees through on line. With regard to defect No. 3 Ld. Counsel for the appellant stated that he is neither borrower nor guarantor, he is the third party. Therefore, he is unable to file the notice under section 13(2) and 13(4).
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 25.05.2023 passed by DRT, Jabalpur in S.A. No. 63/2020. Urgency Application (I.A. No. 548/2022) has been filed.
List this case before Hon’ble Court on 20.07.2023 for admission.
Registrar
Issues for consideration
2 issues framed by the court
Whether the appellant, citing inability to serve notice under the SARFAESI Act due to being a third party, can maintain an appeal under Section 18.
Whether the court can adjudicate the merits of the appeal at the listing stage upon payment of court fees.
Parties & counsel
- appellant
Sharda Sharan Tripathi
- respondent
Federal Bank
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090008722023
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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