APPENDIX-VIII [Security Interest (Enforcement) Rules 2002]

 

Model Form for filing appeals in DRAT (as given in Annexure to SARFAESI Act, 1993)

 

Application under sub-section (6) of Section 17 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

 

For use in Appellate Tribunal’s Office:

 

Date of Filing ………………….

Date of receipt by post …………..

Or

Registration number …………….

Signature …………………….

Registrar

 

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL, (Name of the Place)

 

BETWEEN:

 

A.B.---- APPLICANT

C.D. AND OTHERS---- DEFENDANT(S)

 

Delete whichever is not applicable.

 

Details of application:

1.                 Particulars of the appellant:-

 

(i)   Name of the applicant.

(ii)  Address of registered office.

(iii)  Address for service of all notices.

 

2.                 Particulars of the defendant:-

 

(i)   Name of the defendant

(ii)  Office address of the defendant

(iii)  Address for service of all notices

 

3.       Jurisdiction of the Appellate Tribunal. -  The Applicant declares that the subject matter of this application falls within the jurisdiction of the Appellate Tribunal.

 

4.       Facts of the case :-

 

The facts of the case are given below:-

         

    The  applicant submits that the applicant/defendant had filed an application under sub-section (1) of Section 17 of the SARFAESI Act, 2002 before the Hon'ble Debt Recovery Tribunal (Place) on (date) which was registered as ___________ and is still pending.  The aforesaid application ought to have been disposed of on or before _____________.

 

5.       Relief(s) sought:- In view of the facts mentioned in paragraph 5 above, the applicant prays for the following  relief(s) (Direct the Hon'ble Debt Recovery Tribunal (Place) to dispose of the said application No._____ at the earliest and/or pass any other suitable order in the interest of justice and equity.

 

6.       Matter not pending with any other Court, etc., - The applicant further declares that the matter regarding which this application has been made is not pending before any Court of law or any other authority or any bench of the Tribunal.

 

7.              Details of index. – An index in duplicate containing the details of the documents to be relied upon is enclosed.

 

8.            List of enclosures:-

 

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Verification

I………………………………………………………………………………..son/daughter/wife  of             (Name in full and block letters)

Shri…………………………………………………………. the applicant hereby solemnly verify that the contents of paras 1 to 7 are true to my personal knowledge and belief and that I have not suppressed any material facts.

 

Signature of the applicant

          Place:

          Date:

                  

To

                   The Registrar,

                   …………………………………

…………………………………..

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