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2025 Supreme(Online)(DRAT) 523

DEBT RECOVERY APPELLATE TRIBUNAL
Anil Kumar Srivastava, CJ
Mosa Sarefa Bibi – Appellant
Versus
Indian Bank – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Mahim Sasmal, Ms. Shyamali Sarkar
For the Respondents: None

Affidavit filed today is taken on record.

2. Heard the Learned Counsel for the Appellant.

3. Instant Appeal has been preferred against an order dated 13th June, 2025 passed by Learned DRT Siliguri in NDN No. 148 of 2025 (Mosa Sarefa Bibi versus Indian Bank) wherein Learned DRT dismissed the Securitisation Application filed by the Appellant under Section 17 (1) of the SARFAESI Act, 2002 (hereinafter referred to as the Act) on the ground of limitation.

4. As would appear from the records, Securitisation Application under Section 17(1) of the Act was filed by the Appellant challenging the measures taken by the secured creditor under Section 13(4) of the Act. It appears that Para No. 4 of the Application contains the limitation clause wherein there was some discrepancy and ambiguity. In order to clarify the same, I.A. No. 370 of 2025 was filed by the Appellant for amendment in Para 4 of the Application under Section 17(1) of the Act which was pending before the Learned DRT wherein the Appellant has taken a plea about the limitation from the date of filing. Whether the amendment was permissible or not? Whether the plea taken in the amendment Application can be treated as an explanation for

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