The Debt Recovery Tribunal allowed an application under Section 17 of the SARFAESI Act challenging a Possession Notice, as the bank failed to file a reply or prove compliance with statutory provisions.
The Possession Notice dated 10.05.2023 is set aside. The applicant may be proceeded against afresh in accordance with law.
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.
IN THE DEBTS RECOVERY TRIBUNAL - 1 AT HYDERABAD DATED THIS THE 1 8TH DAY OF OCTOBER, 2023
PRESENT: SRI GUMMADI GOPICHAND, PRESIDING oFFICER
SA.No. 19A/2O23
Smt Kethavath Maji, M/o.Late Poolsingh, Aged about 71 ycars, Occ:l{ousewife R/o. H.No.4- 1Ol I 1615, Plot No. I8, Sriramnagar Colony,Thurkayanzal (V) Abdullapermet (M), Rangareddy Dist.
... Applicant
Versus Bank of Baroda Narketpally Branch, Nalgonda District Rep. by its Authortzed Officer
... Respondent
Counsel for the Applicant Respondent
: Akkapaka Snniuas : Exparte
ORDER
sA 1,98/2023
had neither issued Demand Notice nor served Possession Notice nor published the said notices in two leading news papers. Hence, the SA.
Point No,(i)
sA 198/2023
2oo2 while proceeding against the secured asset, I hold that the Applicant has made a case for quashing the measures initiated by the Respondent Bank against the sA schedule property under the provisions of the SAITFABSI Act and Rules thereunder and as such, the SA is liable to be allowed.
Potnt No.(ii):-
(Dictated to the Priuate Secre-tary, transcribed bg her, corrected., signed and. pronounced bg me in the open court on this lfis tgilr da11 of Oclober 2023)
sd/-
(G. coPrcHANDl PRESIDING OFFICER
.ifTUE COPY
G
tY
DRT-r, H"/fi5R 18.qD.
2 issues framed by the court
Whether the Applicant has established any valid grounds for setting aside the measures initiated by the Respondent Bank against the Schedule property under the provisions of the SARFAESI Act?
To what relief is the Applicant entitled?
1 provisions across 1 enactments
Smt Kethavath Maji
Bank of Baroda
Gummadigopichand
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
