Mr K Naresh
Case brief
What is this about?
Appeal against DRT order rejecting application to challenge District Magistrate orders under SARFAESI Act. Court held application infitiable as enforcement completed under Section 13 and Section 14 orders are consequential. Appeal dismissed.
What did the court decide?
Appeal dismissed with costs; pending IAs closed.
What the court decided
RA(SA)2/2020
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI Dated the 12th of April, 2022
PRESENT: Hon’ble Mr. Justice S. Ravi Kumar
CHAIRPERSON
RA (SA) 2/2020
[SASR No.3107/2019 on the file of DRT-III, Chennai]
Between
K. Naresh, S/o Kumar, PAN No. ADVPN2343P New No.23, Old No.9, Tholkappiam Street, Anna Nagar, Chitlapakkam, Chennai – 600 064.
……Appellant
And
- The Authorised Officer, State Bank of India, (Retail Assets Central Processing Centre) No.338, Sathees Paradise, 1st Floor, Velachery Main Road, Selaiyur, Chennai – 600 073.
- M/s. State Bank of India,
Issues for consideration
2 issues framed by the court
Whether an application to challenge orders under Section 14 of SARFAESI Act is maintainable after the enforcement measures under Section 13 have been completed.
Whether the Tribunal erred in holding that only remedies related to Section 13(4) measures were time-barred while the challenge to the Section 14 order was not barred by limitation.
Parties & counsel
- appellant
K. Naresh
- respondent
The Authorised Officer, State Bank of India
- respondent
M/s. State Bank of India
- respondent
S. Prakash
Coram
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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