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DEBT RECOVERY APPELLATE TRIBUNAL
ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Union Bank of India (Earlier Andhra Bank), represented by its Authorised Officer/Assistant General manager, Ramayurappadu Branch, Vijayawada – Appellant
Versus
Sri Baliboina Siva Prasad – Respondent
| Table of Content |
|---|
| 1. review application's origin from initial dismissal concerning property sales. (Para 1 , 2 , 4) |
| 2. contention on the maintainability and requisite evidence for review petition. (Para 3 , 7 , 8) |
| 3. clarification of review processes under drt rules versus general civil procedure. (Para 10 , 11 , 12 , 20 , 24) |
| 4. court's final determination regarding the review's validity and reasonings. (Para 15 , 27) |
JUDGMENT
THE APPELLATE TRIBUNAL :
1. Instant appeal has arisen against order passed by Learned DRT, Visakhapatnam, in R.A. 01 of 2023 arising out of S.A. 42 of 2022 decided on 06.12.2023 whereby Learned DRT allowed the Review Application.
2. As far as the facts of the matter are concerned, S.A. 42 of 2022 (Sri Baliboina Siva Prasad -vs- Union Bank of India (erstwhile Andhra Bank) was filed before the Learned DRT, Visakhapatnam which was decided on 19.10.2023. S.A. was decided and dismissed on merits holding that no irregularity or illegality has been committed by the Bank in proceedings under the SARFAESI Act. After dismissal of the S.A., Review Petition No. 01 of 2023 was filed by the SARFAESI Applicant before the Learned DRT on the ground that I.A. 2373 of 2023 in S.A. 42
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