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Thilagam versus Canara Bank — Banking and Recovery | DRT (2023)

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DRT
2023
Thilagam versus Canara BankThilagam v. Canara Bank

Dismissed

Thilagam v. Canara Bank

DRT22 Feb 2023SA/331/2022

Case brief

AI extract

What is this about?

This application challenging a sale notice was dismissed as infructuous because the parties admitted no sale occurred on the scheduled date.

What did the court decide?

This SA is dismissed as infructuous without costs; interim orders standing vacated; pending IAs closed.

What the court decided

AI extract

A

1

S.A. 331 of 2022 22.02.2023

IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

Dated this the 22^nd day of February, 2023

Present: Shri Ganapathi K.R.K. Presiding Officer

SARFAESI APPLICATION No. 331 of 2022

Smt.K.Thilagam, W/o.R.Kiliyappan, No.1/169, Ambedkar Street, Murugampakkam Village & Post, Madurantakam Taluk, Kancheepuram District – 603 306. ….Applicant

Vs.

The Authorised Officer Canara Bank Old No.152, New No.80, Car Street, Maduranthakam, Kancheepuram District – 603 306. ….Respondent

Counsels on record / appeared:

Counsel for Applicant : M/s.Antony Selvam & R.K.M.Suresh. Counsel for Respondent : M/s.S.Kesavan & M.Gopi.

Parties & counsel

AI extract

applicant
Smt. K. Thilagam
respondent
Canara Bank

Coram

AI extract

Ganapathi K.R.K

Case details

As recorded by the court registry

Court: DRT
Decided on: 22 Feb 2023 · February
Case no.: SA/331/2022
CNR: 330330007232022

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Cite this judgement

Thilagam v. Canara Bank, SA/331/2022 (DRT), decided on 22 February 2023.

The Debt Recovery Tribunals publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Ganapathi K.R.K

Parties & counsel

Outcome

This SA is dismissed as infructuous without costs; interim orders standing vacated; pending IAs closed.

Detailed headnote1 paragraphs

The Debts Recovery Tribunal dismissed the Sale Application as infructuous where the respondent bank was no longer proceeding with the sale due to the absence of a sale on the scheduled date. The application is disposed of without costs.

A compact analysis

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.

ORDER

This SA is filed challenging the Sale Notice dated 20.06.2022 issued by

respondent bank scheduling sale to 25.07.2022 for recovery of a sum of Rs.29,82,280/-

from applicant.

Respondent bank had entered appearance and filed counter and typed set of

documents evidencing the action taken by them under the Act.

2

S.A. 331 of 2022 22.02.2023

Heard Ld. counsels appearing for the respective parties. Ld. counsels for both parties admitted that no sale had taken place on the scheduled date and that the present SA challenging the sale notice dated 20.06.2022 has become infructuous. Thus submitting, both Ld. Counsels prayed for passing necessary orders.

In the result, this SA is dismissed as infructuous, however without costs. Interim order, if any granted and subsisting till this day stands vacated and all other IAs, if any pending stand closed.

With the above directions, this SA stands disposed.

A copy of the order be communicated to the parties concerned as per extant guidelines.

(Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 22^nd day of February, 2023)

Sd/-

(GANAPATHI K.R.K)

PRESIDING OFFICER

Topic

Banking and Recovery

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