The Debts Recovery Tribunal dismissed an applicant's SARFAESI appeal challenging a possession notice issued by the respondent bank. Finding no infirmities in the recovery procedure, the tribunal dismissed the appeal and vacated any interim orders.
SA stands dismissed, without costs; interim orders set aside; pending IAs closed.
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.
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S.A. 127 of 2022 23.08.2022
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 23rd day of August, 2022
Present: Shri Ganapathi K.R.K.
Presiding Officer
SARFAESI APPLICATION No. 127 of 2022
Mrs.A.Malathi W/o.Mr.D.Ananthababu Flat No.S3, “Radha Palace” Old No.112, New No.139, Thulasingam Street Perambur Chennai – 600 011 ….Applicant
Vs.
1. The Authorised Officer
Indian Bank Zonal Office, Chennai North 2nd Floor, Krest Building No.2, Jehangir Street Chennai – 600 001
2. Indian Bank
Mannady Branch New No.90, Old No.288 Thambu Chetty Street Mannady Chennai – 600 001 ….Respondents
Counsels on record / appeared:
Counsel for Applicant : M/s. Aravind Subramaniam, K.Bhaskar & A.Hari Counsel for Respondent : M/s. L.Fathima Fabiola
ORDER
respondent bank for recovery of a sum of Rs.32,83,884/- from applicant.
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S.A. 127 of 2022 23.08.2022
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S.A. 127 of 2022 23.08.2022
09.03.2022, affixed and published in two newspapers viz., „The New Indian Express‟ and „Dinamani‟ on 12.03.2022 in compliance of mandatory provisions of the Act.
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 23rd day of August, 2022)
Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER
2 issues framed by the court
Whether the recovery tribunal was correct in dismissing the SARFAESI appeal against the possession notice on the grounds of no procedural infirmity.
Whether the applicant's readiness for negotiation constituted a ground to set aside the possession notice.
Mrs.A.Malathi
The Authorised Officer, Indian Bank Zonal Office, Chennai North
Indian Bank, Mannady Branch
GANAPATHI K.R.K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
