The Debt Recovery Tribunal allowed the SARFAESI application challenging a sale notice. The Tribunal set aside the notice, ordered restitution of expenses from the borrower, but granted liberty to the bank to proceed further if the default continues.
Sale notice set aside; expenses not to be debited; liberty to respondent to proceed 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.
1
S.A. No.170 of 2022 22.06.2023
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 22nd day of June, 2023
Present: Shri Ganapathi K.R.K. Presiding Officer
SARFAESI APPLICATION No. 170 of 2023
Mr.Thangavel Udayar, S/o.Arumugam Udayar, Perali North Village, Perali, Kunnam Taluk, Perambalur – 636 251. ….Applicant
Vs.
The Authorised Officer, Canara Bank, Specialised S.M.E.Branch, No.1, Mullaivayal, Dheenadayalan Nagar, Thanjavur Main Road, Thiruverumbur, Trichy – 620 013. ….Respondent
Counsels on record / appeared:
Counsel for Applicant : M/s.M.D.Thirunavukkarasu. Counsel for Respondent : M/s.Akshai Mani.
ORDER
2
S.A. No.170 of 2022 22.06.2023
guidelines.
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 22nd day of June, 2023)
Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER
1 issue framed by the court
Whether the sale notice issued for recovery of dues ought to be withdrawn in the public interest.
1 provisions across 1 enactments
Mr. Thangavel Udayar
The Authorised Officer, Canara Bank
Ganapathi K.R.K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
