Curable defect
Dr C Suresh
(Querist) 30 May 2012
This query is : Resolved
A Financial Institution did not file original Statement of Account in DRT and this point was bought to the attention during trial. However the Presiding officer allowed the claim without a marked statement of account.
We got confirmation from registrar of DRT that Applicant never filed statement of account. We have filed appeal in DRAT.
My question Sir is can this defect of not filing Statement of Account as marked exhibit be cured at appellate stage? The institution is asking for the case to be sent back. Is it possible to send back to DRT for curing this defect?
Thank you as always.
K.K.Ganguly
(Expert) 31 May 2012
Has the case been filed by the borrower under SARFAESI Act? If so, then it is not clear whether Demand Notice u/s13(2) was properly issued or not. If it was issued properly then the details of the outstanding should have been reflected therein as a rule (U/S 13(3) of SARFAESI Act,2002). If it has already been mentioned therein then there is no need for any statement of accounts to be submitted before the DRT unless asked for.
The DRAT can very well return the case to DRT for reviewing on any ground and on receipt of the same DRT can, while reviewing the matter, ask for further details.
Please note that CPC is not strictly followed at DRT & SARFAESI ACT,2002 is s Draconian Act which has been set only for recovery of dues to the Bank & Financial Institutions.
Suhail A.Siddiqui
(Expert) 31 May 2012
DRAT have very right to set side DRT order, in your case defect mention in your question is effect your right(absolute/partially) adversely.
