Pabba Vijay Kumar Vs Cholamandalam Investment and Finance Co Ltd
.... e matter as the outstanding due is more than 20% of the loan amount and provision of Sec. 31(j) will not be applicable. The issue is very short. Admittedly, the loan amount was Rs.1,27,06,867.00 as would appear in the Notice u/s 13(2) of the Act as well as Notice u/s 13(4) of the Act wherea ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Kusum Kumari Trust & Another Vs Central Bank of India
.... DRAT, Kolkata which was decided on 16.10.2012. Thereafter, SARFAESI Application was decided on 24.11.2015. In the meantime, report of the Central Forensic Laboratory, Kolkata dated 9.9.2015 was received wherein it was opined that the signatures of Anjali Das are forged. Accordingly, Learned DRT ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Al Mandina Import Export & Ors Vs Authorised Officer, Bank Of Baroda
.... ove that, unapplied interest was also demanded. What is the unapplied interest has not been specified. Under the circumstances, prima facie, there is a clear violation of section 13 (3) of the SARFAESI Act and the demand notice does not stand the scrutiny of the statutory provision for the Sarfa ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Bank of Baroda Vs ICICI Bank Ltd. & Ors
.... f this application but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not .” 8. Reading Sub-Section (8) would further clarify that the counter-claim has to ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Vishnukant Upadhyay & Anr Vs Bandhan Bank
.... hereafter, the Appellants filed the S.A. on 06.12.2010 with application for condonation of the delay. 3. The Ld. Counsel appearing for the Appellants would submit that the Appellants were bonafide prosecuting the Writ Petition for more than four and half years and therefore, the time spent ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Bivas Garu Vs Punjab National Bank
.... plicant in the SARFAESI Application are concerned, that have to be looked into by the Learned DRT. Whether the sale notice was bad in law or not, a categorical finding has to be recorded. Without going into the merits of the matter simply holding the SARFAESI application infructuous is an order ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Minal T. Kamble Vs HDFC Bank
.... 0 lakhs and there is a balance of Rs.25 lakhs payable towards that instalment. The Appellant submits that because of the financial crunch, she was unable to deposit the entire payment towards the 1st instalment and therefore, seeks an extension. The prayer for extension is vehemently opposed by ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Smt. Indra Devi Bajaj & Anr. Vs Bank of Baroda
.... ground that the same shall be considered at the final stage. After hearing the learned counsel for the appellants and considering the facts and circumstances of the case, this court is of the opinion that since the securitization application is still pending before the Tribunal below, there ...
Debts Recovery Appellate Tribunal, Allahabad Bench
Union Bank of India Vs Smt. Amna Begam
.... card facility for Rs. 5.00 lacs and a term loan of Rs. 1.00 lac and the same were allegedly utilized by the respondent no.1. 8. The main question involved in the present case is, as to whether the respondent no. 1-borrower has availed the loan facility and executed the loan documents or not ...
Debts Recovery Appellate Tribunal, Allahabad Bench
Shri Kirtikumar Jethmal Bafna Vs Kotak Mahindra Bank Limited
.... of 2020. Interim protection was granted during the pendency of the writ and after that, the writ was disposed of on 20.09.2022 granting ten days protection to the Appellant. 7. In the meanwhile, the first Respondent had obtained an order under Sec. 14 of the SARFAESI Act 24.03.2022 directi ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Get In Touch With Us
We are here to help. Want to learn more about our services? Please get in touch, we'd love to hear from you!