Disposed

Subhathra v. State Bank of India

DRAT25 Sept 2025MISC APPEAL/65/2025

Case brief

AI extract

What is this about?

The Tribunal disposed of an appeal against an interim stay on SARFAESI sale proceedings. It held that since the original sale notice was inoperative, the main special appeal became infructuous. The Bank was directed to issue a fresh sale notice, and the main appeal was to be decided expeditiously.

What did the court decide?

Appeal disposed of. Bank directed to issue fresh sale notice. Main Special Appeal to be disposed of expeditiously.

Subhathra versus State Bank of India — Banking and Recovery | DRAT (2025)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI Dated the 25^th of September, 2025

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PRESENT: Hon’ble Mr. Justice G. Chandrasekharan CHAIRPERSON

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M.A(S.A): 65/2025

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(IA 1311/2025 in SA. No.453/2025 before DRT-II, Chennai)

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BETWEEN

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Mrs. M. Subathra D/O Mr. Meganathan, Plot No.10, New Door No. 24/2, Old Door no.15, Varadharajpet Main Road, Kodambakkam, Choolaimedu, Puliyur Village, Behind Meenatchi College, Chennai – 600 024

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…Appellants

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And

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The Authorised Officer, State Bank of India, Stressed Asset Recovery Branch, Red Cross Building, II Floor, No.32, Montieth Road, Egmore, Chennai – 600 008

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….Respondent

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Counsel for Appellant : M/s. Antony Selvam and Mr. RKM Suresh Counsel for Respondent : Mr. M.L. Ganesh

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ORDER

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This Appeal is filed against the order passed in IA 1311/2025 seeking stay of SARFAESI proceedings in SA 453/2025, filed to challenge the sale notice dated 08.07.2025 fixing the sale on 30.07.2025.

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Since this Appeal is filed only against an interim order and the main SA is still pending, this Tribunal is of the view that this Appeal can be disposed of by giving direction of Learned Presiding Officer, DRT-II, Chennai, to dispose of the SA 453/2025 as expeditiously as possible.

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At this juncture, Learned Counsel for Respondent Bank submitted that in view of this Appeal filed, the Respondent Bank cannot proceed further with sale proceedings on the basis of Sale Notice dated 08.07.2025. The Bank is constrained to issue fresh sale notice for the sale of the

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property, and in that event, there is no need to decide the SA 453/2025 on other aspects.

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Learned Counsel for Appellant submitted that

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classification of the account as NPA and other measures had

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been challenged, and it is required that the other aspects have be decided on merits.

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Considered the rival submissions and perused the records.

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As rightly pointed out by Learned Counsel for Respondent Bank that when there is no possibility of proceeding further with sale notice dated 08.07.2025, it goes

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without saying that SA 453/2025 has become infructuous . The Respondent Bank is at liberty to proceed further for sale of the property by issuing fresh sale notice, in accordance with law.

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In this view of the matter, this Appeal is disposed of directing Learned Presiding Officer, DRT-II, Chennai, to dispose of SA 453/2025 as expeditiously as possible, taking note of the observations made above.

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In the result, Appeal in M.A(S.A): 65/2025 is disposed

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of. Both the parties shall bear their own costs. Pending IAs, if any, stand closed.

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[Dictated to Athistamani, PS, in open court, transcribed by her, corrected and signed by me this 25^th of September, 2025]

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[ Justice G. Chandrasekharan] CHAIRPERSON

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Subhathra v. State Bank of India

Case brief

What is this about?

What did the court decide?

Subhathra v. State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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