Dismissed

Messers Delta Engineers v. Karur Vysya Bank

DRAT3 Feb 2025MISC APPEAL/14/2023

Case brief

AI extract

What is this about?

In a miscellaneous application seeking speedy disposal of an appeal challenging a sale under SARFAESI Act, the Debit Recovery Appellate Tribunal dismissed the request, directing the lower court to dispose of the appeal expeditiously instead of mandating a specific timeline.

What did the court decide?

Application for speedy disposal dismissed; Presiding Officer directed to dispose of main appeal expeditiously.

Messers Delta Engineers versus Karur Vysya Bank — Banking and Recovery | DRAT (2025)

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

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Dated the 03^rd Day of February, 2025

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PRESENT: HON'BLE MR. JUSTICE G. Chandrasekharan CHAIRPERSON

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MA (SA) 14/2023 (Speedy Disposal)

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(Arising out of SA 651/2022 on the file of DRT, Coimbatore)

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Between

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M/s. Delta Engineers, Represented by its Proprietor, T.Selvaraj, No.3/133, Manikandan Nagar, Kuniamuthur Post, Coimbatore – 641 008. … Appellant

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And

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Karur Vysya Bank,

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Represented by its Authorised Officer,

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Sundarapuram Branch, D No.5-J, Madukkarai Road, Sundarapuram, Coimbatore – 641 021.

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Also at:

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1498-C, KVB Towers, III Floor, Avinash Road, Peelamedu, Coimbatore – 641 004.

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Mr. Asokan,

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S/o. Subbanna Gounder, Residing at No. 1/51, Pallakadu Thottam, Pothiampalayam, SS Kulam Via, Arasur, Coimbatore – 641 007

¶16

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Ms. Niveditha,

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D/o. T.S.Selvaraj, Residing at No. 3/133, Manikandan Nagar, Edayarpalayam, Coimbatore – 641 008

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Ms.Swetha, Residing at No. 3/133, Manikandan Nagar, Edayarpalayam, Coimbatore – 641 008 …..Respondents

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Counsel for Appellant : Smt.Ananda Gomathy Counsel for R1 : Mr.S.R.Sundaram

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R2 to R4 are given up.

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ORDER

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This MA (SA) 14/2023 is filed under Section 17(6) of SARFAESI Act seeking relief for speedy disposal of SA 651/2022 on the file of DRT, Coimbatore.

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Both side counsel are present.

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This SA 651/2022 is filed challenging the sale notice dated 19.05.2022. It is informed by the Ld. Counsel for the appellant that sale had taken place and possession is taken. Challenging the possession notice, appellant approached DRT, by way of another application i.e., SA 103/2019 and that is also pending. Ld. Counsel further submitted that appellant is aged 60 years and is now under continuous medication and thus appellant requires for early disposal of this SA 651/2022.

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Representing counsel for respondent bank submitted that the sale had taken place after the failure of seven sale notices. Appellant had not complied with the conditional order passed by the Ld. Presiding Officer, DRT, Coimbatore in both the aforesaid applications. Appellant has not taken any steps for settling the dues, resulting in sale of the property and possession being taken.

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In the light of the submissions made above and considering the fact the there are about 4,096 SA cases pending as on 31.12.2024 before DRT, Coimbatore, this Tribunal is of the view that this being the case filed in 2022, no fixed time frame can be stipulated for the disposal of this SA.

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Thus, this MA (SA) 14/2023 (Speedy Disposal) is dismissed, however, Ld. Presiding Officer, DRT, Coimbatore is directed to dispose SA 651/2022, as expeditiously as possible.

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Parties are directed to bear their own costs. Pending IAs, if any, stand closed.

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[Dictated to Steno (DD), transcribed by her, corrected, signed and pronounced by me in open court, this 03^rd February, 2025]

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Sd/- [Justice G. Chandrasekharan] CHAIRPERSON

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Messers Delta Engineers v. Karur Vysya Bank

Case brief

What is this about?

What did the court decide?

Messers Delta Engineers v. Karur Vysya Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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