TheDebts Recovery Tribunal allowed a SARFAESI SA challenging a Sale Notice because the respondent bank failed to establish proper service and could not trace the applicants.
The Sale Notice dated 07.02.2023 scheduling sale to 13.03.2023 is quashed.
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. 144 of 2023
29.08.2023
IN THE DEBTS RECOVERY TRIBUNAL - III, CHENNAI
Dated this the 29th day of August, 2023
Present: Shri Ganapathi K.R.K. Presiding Officer
SARFAESI APPLICATION No. 144 of 2023
1. M/s Lakshmi Minaral Water
Rep. by its Proprietor T.Govindan Vanur Block, Perambai Village Villianur Post Villupuram – 650 110
2. Mr.T.Govindan S/o Mr.Thiruvarangam No.90A, Koyil Maniyam Street Dharmapuri Puducherry – 605 009
3. Mr.T.Santhanam S/o Mr.Thiruvarangam No.90A, Koyil Maniyam Street Dharmapuri Puducherry – 605 009 ….Applicant Vs.
The Authorised Officer Bank of Baroda RAGACOVAS Branch RAGACOVAS Complex Opp Gothi Industrial Estate Vazhudavur Road Puducherry – 605 009 ….Respondent
Counsels on record / appeared:
Counsel for Applicant : M/s. K.Mohamed Hussen Counsel for Respondent : M/s. S.Pandurangan
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SA No. 144 of 2023
29.08.2023
ORDER
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SA No. 144 of 2023
29.08.2023
guidelines.
(Dictated to Steno (DD), transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 29th day of August, 2023)
Sd/-
(GANAPATHI K.R.K) PRESIDING OFFICER
1 issue framed by the court
Whether the Sale Notice issued under SARFAESI Act was valid when service could not be established.
M/s Lakshmi Minaral Water and others
The Authorised Officer Bank of Baroda
Ganapathi K.R.K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
