ATANU CHAKI Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner in this art.226 petition dated September 30, 2011 is questioning a possession cum sale notice dated March 29, 2011 (at p.27) issued by the authorised officer of United Bank of India under s.13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

(2.) Counsel for the petitioner submits that the petitioner intending to lodge an appeal with the Debts Recovery Tribunal under s.17 of the Act needs an order from this Court for the purpose, since he could not lodge the appeal within the period of limitation for the reason that his father died of cancer.

(3.) For lodging an appeal under s.17 of the Act no order from the High Court under art.226 is necessary. The s.13(2) notice was issued on January 4, 2011; the possession notice under s.13(4) on March 23, 2011; the possession cum sale notice on March 29, 2011. The document at p.23 shows that the petitioner's father died as back as March 23, 2010.