Disposed

Debendra N.Balabantr v. Bank of India

Orissa HC4 Sept 2017WP(C)/4491/2010

Case brief

AI extract

What is this about?

The court considered an application seeking extension of time to file a section 17 SARFAESI Act application before the Debt Recovery Tribunal, Cuttack. The delay was condoned due to family mishap, and the learned tribunal was directed to consider the filed application.

What did the court decide?

Condoned the delay in filing the section 17 SARFAESI Act application and directed the Debt Recovery Tribunal, Cuttack to consider and dispose of the same according to law.

Debendra N.Balabantr Vs Bank of India — Banking and Recovery | Orissa HC (2017)

¶1

 W.P.(C) No.4491 of 2010

¶2

 Misc. Case No. 17439 of 2017

¶3

44. 10.10.2017 Heard learned counsel for the parties.

¶4

 This is an application filed by learned counsel petitioners for extension of t
ime to file application under section 17 of the SARFAESI Act, as had been directed vide order
dated 4.9.2017.

¶5

 Learned counsel for the petitioners submits that though this Court had granted
 two weeks time to the petitioners to approach the Debt Recovery Tribunal, Cuttack, under sect
ion 17 of the SARFAESI Act, due to mishap in the family, the petitioners could not file the ap
plication within the stipulated period. It is further submitted that the petitioners have file
d application under section 17 of the SARFAESI Act before the Tribunal on 20.9.2017. According
ly, the prayer is made to condone the delay in filing the application by extending the time.
 Learned counsel for the Bank fairly submits that the petitioners have already
filed the application on 20.9.2017, which is beyond the stipulated date.

¶6

 Considering the submission made, the delay in filing the application before th
e Tribunal under section 17 of the SARFAESI Act is condoned by extending the period fixed for
filing the application under section 17 of the SARFAESI Act as per order dated 4.9.2017 and le
arned Debt Recovery Tribunal, Cuttack is directed to consider the application and dispose of i
n accordance with law.

¶7

 The Misc. Case is disposed of.

¶8

 Issue urgent certified copy as per rules.

¶9

S.C. Parija, J.

¶10

..
D.Dash, J.
Aks

¶11

Debendra N.Balabantr v. Bank of India

Case brief

What is this about?

What did the court decide?

Debendra N.Balabantr v. Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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