Ramanathan v. Axis Bank
Case brief
What is this about?
Upstate Tribunal dismissed an appeal filed under Section 18 of the SARFAESI Act. The appeal challenged the passing of an earlier order dismissing an application filed by the tenant-appellant seeking protection from eviction in the case of Axis Bank Limited regarding an unregistered lease of a mortgaged property.
What did the court decide?
The appeal and the application for waiver under Section 18 of the SARFAESI Act were dismissed.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 3rd day of April, 2025
PRESENT: HON’BLE MR. JUSTICE G. CHANDRASEKHARAN
CHAIRPERSON
AIR (SA) 1919/2024
(Arising out of NDN (SA) 2773/2024 on the file of DRT - II, Chennai)
Between
R. Ramanathan S/o. K.R. Subramanian, FG-1, Ground Floor, Plot No. 21-B, Door No. 11, Lakshmi Street, Alagappa Nagar, Kilpauk, Chennai-600 010 …..Appellant
And
1. M/s. Axis Bank limited
Represented by its Authorized Officer, Mr. A Natarajan, Manager- Legal, 4th Floor, Acrot Plaza, Old No. 38, New No. 165, Arcot Road, Kodambakkam, Chennai- 600024
Issues for consideration
2 issues framed by the court
Whether an unregistered lease deed executed after the mortgage is entitled to protection under the SARFAESI Act against possession.
Whether the Registrar's appeal challenging the dismissal of an application titled as NDN (SA) should be allowed.
Parties & counsel
- appellant
R. Ramanathan
- respondent
M/s. Axis Bank limited
- respondent
Surendar Ethiraj
- respondent
R Prabha Ravikumar
- respondent
Mr. M.V. Prakash
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 331090019192024
- Topic
- Banking and Recovery
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