The Debts Recovery Tribunal dismissed the SARFAESI application challenging an e-auction sale notice, holding it devoid of merits as no procedural infirmities were found and the sale did not take place, rendering the application infructuous.
SARFAESI Application No. 118 of 2023 is dismissed without costs. Interim orders, if any, are vacated.
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.118 of 2023 23.06.2023
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 23rd day of June, 2023
Present: Shri Ganapathi K.R.K.
Presiding Officer
SARFAESI APPLICATION No. 118 of 2023
Mrs.Usha Shanthini, W/o.Balaji, No.140/2, E.K.Sannathi Street, Kancheepuram – 631 502. ….Applicant Vs. The Authorised Officer, Indian Bank, Sankara Mutt Branch, 2, Salai Street, Kancheepuram – 631 605. ….Respondent
Counsels on record / appeared:
Counsel for Applicant : M/s.J.Prince. Counsel for Respondent : M/s.C.Ramaiah.
ORDER
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S.A.118 of 2023 23.06.2023
granted and subsisting till this day stands vacated and all other IAs, if any pending stand closed.
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 23rd day of June, 2023)
(GANAPATHI K.R.K) PRESIDING OFFICER
Sd/-
3 issues framed by the court
Whether the sale notice issued under S.A. 118 of 2023 was in conformity with the procedure.
Whether the application filed by the applicant has merits given no infirmities were made out.
Whether the application has become infructuous due to no sale being held on the scheduled date.
Mrs. Usha Shanthini
The Authorised Officer, Indian Bank
Ganapathi K.R.K.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
