Single judge order allowing an application challenging a sale notice and directing return of expenses to the applicant's loan account after the possession notice was withdrawn by the bank.
Allowed without costs. Expenses charged against borrower to be debited not allowed; side note: liberty to proceed afresh if default continues.
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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SA No.150/2022 12.07.2022
IN THE DEBTS RECOVERY TRIBUNAL – III, CHENNAI
Dated this the 12th day of July, 2022
Present: Shri Ganapathi K.R.K. Presiding Officer
S.A. No. 150 of 2022
Mr.K.Subramaniyan S/o Mr.Krishnasamy Iyer No.1/47, Perumal Koil Street, Agili Village, Sendivakkam Post, Madurantagam Taluk, Chengalpattu District – 603319.
....Applicant
Versus
THE Authorised Officer, INDIAN OVERSEAS BANK Acharapakkam Branch, 24, Nadar Compound, GST Road, Acharapakkam, Kancheepuram, Tamilnadu – 603301. .…Respondent
Counsels on record / appeared:
Counsel for Applicant : M/s. S. Vignesh Counsel for Respondent : Sh. Y.T. Aravind Gosh
O R D E R
due to certain infirmities in the procedure adopted by the respondent bank in the Possession Notice issued on 28.09.2021, the same was withdrawn vide letter dated 30.05.2022, with liberty to proceed afresh, which was also communicated to the
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SA No.150/2022 12.07.2022
applicant. Ld. counsel submitted that since the possession notice itself is withdrawn, the present SA challenging the sale notice has become infructuous and nothing survives in this SA. Copy of memo is served to Ld. counsel appearing for applicant.
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me in open Court on this the 12th day of July, 2022)
Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER
Mr.K.Subramaniyan
The Authorised Officer, Indian Overseas Bank
Shri Ganapathi K.R.K.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
