The appellate tribunal disposed of the appeal by issuing directions to the learned presiding officer of the DRT, Chennai, to decide the pending special appeal on merits and quickly.
The Appellant is given liberty to raise all grounds raised before the DRAT, subject to pleadings in SA 82/2025.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 18th day of May, 2026
PRESENT: HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON
MA (SA) 38 of 2026
(arising out of SA No.:82/2025 on the file of DRT-II, Chennai)
Between
S. Elamathy, S/o. Mr. B. Shanmugam, No. 1, Muthu Irulandi Nagar, 2nd Street, Anakaputhur, Chennai - 600070
.... Appellant
And
M/s. Encore Asset Reconstruction Company Pvt Ltd, Represented by its Authorised Officer, No. 101, Executive Zone, 756, Sakthi Towers, Anna Salai, Chennai - 600002
.... Respondent
Counsel for Appellants: M/s. Shraddha & Saburi Consultants Counsel for Respondents: M/s. R. Sivaraman & Co.
ORDER
Learned Counsel for the Appellant is present. No representation for the Respondent.
This appeal is filed against interim order passed in IA No. 229/2025 in SA No.82/2025.
SA No. 82/2025 has been filed to set aside the sale, if not held on 27.12.2024, in pursuance of the sale notice dated 19.12.2024. Learned Presiding Officer passed an order by dismissing the stay application on the ground that sale was already held. Against this order, this appeal is filed. SA 82/2025 is still pending.
Therefore, this Tribunal is of the view that this appeal can be disposed by giving directions to the Learned Presiding Officer, DRT, Chennai to dispose SA 82/2025, on merits and in accordance with the law, as quickly as possible.
Accordingly, MA (SA) 38/2026 is disposed of.
The Appellant is given liberty to raise all the grounds raised before the DRAT, subject to pleadings raised in SA 82/2025.
Sd/(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON
1 issue framed by the court
Whether the appeal against the dismissal of a stay application challenging a sale notice should be disposed of by giving directions to the lower court.
S. Elamathy
M/s. Encore Asset Reconstruction Company Pvt Ltd
G. Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
