The Applicant filed a petition IBA/300/2020 stating that the date of default is 28.02.2017. However, in Form-I in Part IV, Serial No.2 at Page 3 of the petition, the date of SARFAESI notice was mentioned as the date of default due to inadvertence. The Counsel for the Applicant further states that unless the date of default as 28.02.2017 is not mentioned in Form-I, the Applicant will be put to irreparable loss and hardship. Hence, the Petitioner has sought permission to rectify the date of default as 28.02.2017 instead of 09.06.2017 in the relevant form for which the Respondent has filed the counter and the Applicant has sought time for filing rejoinder.
The State Bank of India filed a petition (IBA/300/2020) claiming the date of default as 28.02.2017. However, the Form-I in Part IV, Serial No.2 at Page 3 of the petition, mentioned the date of the SARFAESI notice as the date of default due to an error. The applicant sought to rectify the date of default to 28.02.2017 instead of 09.06.2017. The respondent, Premier Distilleries Pvt Ltd, filed a counter. The applicant sought time to file a rejoinder. The court found that the application was not maintainable because the date of default was not correctly mentioned in the relevant form.
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The Applicant claimed…
The date of the SARFAESI notice was…
The Applicant filed a petition IBA/300/2020 stating that the date of default is 28.02.2017. However, in Form-I in Part IV, Serial No.2 at Page 3 of the petition, the date of SARFAESI notice was mentioned as the date of default due to inadvertence. The Counsel for the Applicant further states that unless the date of default as 28.02.2017 is not mentioned in Form-I, the Applicant will be put to irreparable loss and hardship. Hence, the Petitioner has sought permission to rectify the date of default as 28.02.2017 instead of 09.06.2017 in the relevant form for which the Respondent has filed the counter and the Applicant has sought time for filing rejoinder.
The State Bank of India filed a petition (IBA/300/2020) claiming the date of default as 28.02.2017. However, the Form-I in Part IV, Serial No.2 at Page 3 of the petition, mentioned the date of the SARFAESI notice as the date of default due to an error. The applicant sought to rectify the date of default to 28.02.2017 instead of 09.06.2017. The respondent, Premier Distilleries Pvt Ltd, filed a counter. The applicant sought time to file a rejoinder. The court found that the application was not maintainable because the date of default was not correctly mentioned in the relevant form.
The Applicant claimed…
The date of the SARFAESI notice was…