The Debts Recovery Tribunal dismissed an application under Section 17 of the SARFAESI Act seeking quashing of enforcement actions. The court found that the bank had lawfully issued and served demand notices under Section 13(2) and pubblicità notices under Section 13(4) as per records.
Application under Section 17 of the SARFAESI Act is dismissed with cost.
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.
1
SA 15 of 2022 [J]
DRT,PATNA
DEBTS RECOVERY TRIBUNAL PATNA
Presiding Officer: Shri KaushalendraYadav
SA- 15 of 2022
Versus
--respondents
Present:
For the Applicant : Sh. Manish Kishore, Advocate For the respondents Bank : Ms. Tanushri, Advocate
Dated: 19.04.2023
JUDGMENT
2
SA15 of 2022 [J]
DRT,PATNA
under section 13(3A) before the bank. It is further alleged that the possession notice issued u/s 13(4) of the Act has not been issued by the Authorised Officer as well as not served upon all. The amount mentioned in the Possession notice is notice incorrect and not admitted because the payments made by the borrower are not duly accounted for. Further, in the possession notice, the bank has nowhere disclosed the mode of creation of security interest with respect to properties taken u/s 13(4). The newspaper in which possession notice has been published, is not having wide circulation and also not the leading newspapers.
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3
SA 15 of 2022 [J]
DRT,PATNA
published in newspapers namely 'Sanmarg' and 'Morning India' on 30.12.2021. The charge over the mortgaged property has also been created with the CERSAI as Asset ID nO.200020645233dated 18.04.2019 as evident from the documents annexed with Written Argument.
ORDER
The application under Section 17 of the SARFAESI Act filed by Suman Kumar, S/o Late Bhola Prasad Gupta & another, with all pending lAs is dismissed with cost.
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[KaushalendraYadav]
Presiding Officer
Debts Recovery Tribunal, Patna
Judgment signed, sealed, dated and pronounced in the open court on this 19TH Day of April, 2023.
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[KaushalendraYadav]
Presiding Officer
Debts Recovery Tribunal, Patna
2 issues framed by the court
Whether the Debts Recovery Tribunal should admit the application claiming non-service of demand notice under Section 13(2) which was actually issued and posted.
Whether the publication of possession notices in specific newspapers satisfies statutory requirements for summoning parties.
4 provisions across 1 enactments
Suman Kumar & Rubi Kumari
Authorised Officer, ICICI Bank Ltd.
Branch Manager, ICICI Bank Ltd.
KaushalendraYadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
