form – Debts Recovery Appellate Tribunal (Procedure) Rules, 1994


FORM: Memorandum of Appeal under Section 20, Section 30 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (51 of 1993)

For use in Appellate Tribunal’s office

Date of filing ________________

Date of receipt by post ________________

Registration number ________________

   Signature

   Registrar

In the Debts Recovery Appellate Tribunal, between:

A.B                Appellant

C D and others                      Respondent(s)

DETAILS OF APPEAL

1. Particulars of the appellant:

(i) Name of the appellant

(ii) Address of registered office of the appellant

(iii) Address for service of all notices

2. Particulars of the respondent or respondents:

(i) Name of the respondent or respondents

(ii) Office address of the respondent or respondents

(iii) Addresses or service of all notices

3. Jurisdiction of the Appellate Tribunal

The Appellant declares that the matter of the appeal falls within the jurisdiction of the Appellate Tribunal

4. Limitation

The appellant further declares that the appeal is within the limitation as prescribed in sub-section (3) of section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993).

5. Facts of the case and the orders passed by the Tribunal Recovery Officer

The facts of the case are given below:

(Give here a concise statement of facts and grounds of appeal against the specific order of Tribunal or Recovery Officer, as the case may be, in a chronological order, each paragraph containing as neatly as possible as separate issue, fact or otherwise).

6. Relief(s) sought

In view of the facts mentioned in paragraph 5 above, the appellant prays for the following relief(s) (Specify below the relief(s) sought explaining the grounds for relief (s) and the legal provisions (if any) relied upon).

7. Interim order, if prayed for

Pending final decision on the appeal the appellant seeks issue of the following interim order:

(Give here the nature of the interim order prayed for with reasons)

8. Matter not pending with any other court, etc.

The appellant further declares that the matter regarding which this appeal has been made is not pending before any court of law or any other authority or any other Tribunal.

9. Particulars of bank draft/ postal order in respect of the deposit of debts due in terms of section 21 of the Act applicable or under any other provisions of the Act:

(1) Name of the bank on which drawn

(2) Demand draft number

or

(1) Number of Indian Postal Order(s)

(2) Name of the issuing post office

(3) Date of issue of postal order(s)

(4) Post office at which payable

10. Particulars of bank draft/postal order in respect of the fee paid in terms of rule 8 of these rules

(1) Name of the bank on which drawn

(2) Demand draft number

or

(1) Number of Indian Postal Order(s)

(2) Name of the issuing post office

(3) Date of issue of postal order(s)

(4) Post office at which payable.

11. Details of index

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

12. List of enclosures.

Verification

I, (name and full block letters) son/ daughter/ wife of Shri ________________ being the ________________ (designation) of ______________________________ (name of the company) holding a valid power of attorney from ________________ (name of the company) do hereby verify that the contents of paras 1 to 11 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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