SRI LAL BIHARI SINGH Vs. CANARA BANK
LAWS(DR)-2004-5-6
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on May 27,2004

Appellant
VERSUS
Respondents

JUDGEMENT

S.K.Mohapatra, - (1.) THIS is an appeal under Section 17(1) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for quashing the notice dated 2.1.2004 issued by the respondent Canara Bank under Section 13(2) of the aforesaid Act.
(2.) Respondent Bank has raised preliminary objection on the maintainability of the aforesaid appeal in their petition dated 16.3.2004. Heard the parties and I have perused the relevant case papers including written argument of appellant dated 24.5.2004.
(3.) THE moot questions raised for decision arc :- (i) Whether the present appeal arising out of notice issued under Section 13(2) is not maintainable and is premature. (ii) In case of non-maintainability of appeal, whether interim orders can be passed by this Tribunal in the facts of the case.;


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