An applicant sought to set aside an order dismissing an earlier application regarding notice issuance under the SARFAESI Act. The court held no error was apparent on the face of the record, rendering the review application not maintainable and dismissed it.
The Review Application is dismissed and the order is uploaded on the Tribunal's website.
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DEBTS RECOVERY TRIBUNAL, PATNA
Date of Order with the Office action order or Signature of the Court taken with proceeding date RA020(2025 25.07.2025 Tata Capital Limited Vs. MIs Banty Dresses Ld. counsel for the applicant is present. None is present for the respondent. It has been submitted on behalf of the applicant that this Review Application has been filed to set-aside and recall the order dated 10.12.2024. The copy of the order has been filed by the applicant as annexure I. From the perusal of that order it appears that the SA 242 of 2024 has been decided on merits on the ground of infirmity on issuance of the notice issued under section 13(2)& 13(4) of the SARFAESI Act. The application doesn't disclose any error apparent on the face of record. Hence, the present Review Application is not maintainable. Accordingly, it is dismissed. Order be uploaded on the Tribunal's website. ~ Patna (Kaushalendra Yadav) Presiding Officer
3 issues framed by the court
Whether a Review Application is maintainable where the earlier order on notice issuance did not suffer from error apparent on the face of the record.
Whether infirmity in the issuance of notice under Section 13(2) and 13(4) of the SARFAESI Act warrants setting aside of the impugned order in a review.
Whether the present Review Application discloses any error apparent on the face of the record to set aside the earlier decision.
1 provisions across 1 enactments
Tata Capital Limited
Banty Dresses Ld.
Kaushalendra Yadav
As recorded by the court registry
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