In an SARFAESI application challenging a possession notice, the Tribunal set aside the bank's order and restored possession to the borrower due to the respondent's non-appearance, also directing the bank not to debit recovery expenses.
Possession Notice set aside; possession restored to mortgagor; direction not to debit subject expenses.
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 No. 177 of 2023
12.07.2023
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 12th day of July, 2023
Present: Shri Ganapathi K.R.K. Presiding Officer
SARFAESI APPLICATION No. 177 of 2023
Mr. B. Senthilvel Selvam S/o. Balu, No. 6, Ninth Cross Street, Eswaran Nagar, Pammal, Chennai – 600 075. ….Applicant Vs. The Authorised Officer, Union Bank of India, Pammal Branch, No. 1, Krishna Nagar, Pammal Main Road, Chennai – 600 075. ….Respondent
Counsels on record / appeared:
Counsel for Applicant : M/s. Sri Balaji Law Associates None for respondent bank
ORDER
dated 18.02.2023 is hereby set aside and possession is restored to mortgagor.
2
SA No. 177 of 2023
12.07.2023
Respondent bank is directed not to debit the subject impugned possession notice expenses to the borrower’s for non-appearance despite receipt of notice.
Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER
3 issues framed by the court
Whether to quash the possession notice issued by the bank and restore possession.
Whether to deprive the bank from debiting recovery expenses incurred due to non-appearance.
Whether to regulate the disposal procedure in the absence of the respondent bank.
Mr. B. Senthilvel Selvam
The Authorised Officer, Union Bank of India
Shri Ganapathi K.R.K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
