The Debt Recovery Tribunal in Patna dismissed the applicant's Section application. The court held that an accounting dispute regarding excess interest is not maintainable under the SAFAESI Act as no representation was submitted against the demand notice.
Application dismissed; interim order vacated.
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Date of order or proceeding
13.04.2023
| DEBTS RECOVERY TRIBUNAL, PATNA | |
|---|---|
| Order with the Signature of the Court |
Office action taken with data |
| SA 352 of2022 | |
| Heard ld. counsel for the parties. During the course of arguments ld. counsel for the applicant submits that there is no dispute regarding the service of demand notice and possession notice as annexed with the S. application as Annexure-2, 3, 4 & 5. It has been further admitted that the physical possession has already been taken. The only question as argued orally that excess amount of interest has been charged by respondent bank. Itis oral submissions but there is no pleading in this application. It is also no disputed that the applicant did not submit any representation against the demand notice. Hence S. application filed by the applicant is based upon the question of accounting which cannot be considered under SAFRAESI Act. Therefore, there is no merit in S. application. Accordingly S. application is dismissed. Interim order if any stands vacated. |
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| Order to be uploaded on the Tribunal's website. | |
| Patna (Kaushalendra Yadav Presiding Officer |
1 issue framed by the court
Whether the debt recovery tribunal can consider the application while no representation was filed against the demand notice under the SAFAESI Act.
Applicant
Respondent Bank
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
