State Bank Of India v. Sankar Charan Pradhan
Case brief
What is this about?
This appeal challenged a DRT order quashing an auction sale. The Tribunal revoked the DRT's undue interference, holding that the Right of Redemption extinguished upon notice publication. The Sale Application was also out of limitation. Appeal allowed.
What did the court decide?
Impugned judgment and order of DRT in S.A. No. 02 of 2019 set aside and S.A. dismissed.
What the court decided
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal Dy No. 376 of 2020
(Arising out of S.A. 02 of 2019 DRT- Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
29.09.2023
Authorized Officer, State Bank of India having its corporate office at State Bank Bhavan, Madame Cama Road, Nariman Point, Mumbai – 400021 and carrying on business from branch office at Paradeep Branch, Bank Street, Jagatsinghpur, Orissa, PIN – 754142.
… Appellant
-Vs-
- Sankar Charan Pradhan, residing at Arakhia, PO Balia, PS Kujang, Dist. Jagatsinghpur, Orissa, PIN – 754141.
… Respondent
- Pabitra Kumar Biswal residing at Vill. Arakhia, PO Balia, Dist. Jagatsinghpur, Orissa – 754141. Proforma Respondent.
Issues for consideration
2 issues framed by the court
Whether the Debt Recovery Tribunal erred in allowing a Sale Application that surpassed the statutory limitation period for applying under Section 13(4) of the SARFAESI Act.
Whether the Right of Redemption was extinguished upon the publication of the auction notice as per amended Section 13(8) of the SARFAESI Act.
Parties & counsel
- appellant
State Bank of India
- respondent
Sankar Charan Pradhan
- respondent
Pabitra Kumar Biswal
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 191090003762020
- Topic
- Banking and Recovery
All orders in this case
10 orders share this CNR
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