In an appeal under the SARFAESI Act challenging measures for eviction, the Tribunal granted the applicant a conditional period until October 15, 2023, to remove belongings due to health issues, provided the bank is notified in advance.
Applicant permitted to remove belongings by October 15, 2023, subject to 48-hour notice to the bank's Authorised Officer.
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.
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S.A.365 of 2023 14.09.2023
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 14th day of September, 2023
Present: Shri Ganapathi K.R.K.
Presiding Officer
SARFAESI APPLICATION No. 365 of 2023
Mr.P.Prathap Chandran, S/o.Mr.Paneerselvam, Door No.5/9, Murugesa Mudali Street, Kondithope, Chennai – 600 001. ….Applicant
Vs.
Counsels on record / appeared:
Counsel for Applicant : M/s.A.Chandrasekaran. Counsel for First Respondent : M/s.Akshai Mani.
ORDER
1. This SA is filed by third party tenant, challenging the measures initiated by
respondent bank under Section 14 of SARFAESI Act before Ld. CMM, Egmore in Crl.M.P.No.3570/2023 dated 23.03.2022, for recovery of a sum of Rs.6,81,02,414.69p.
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S.A.365 of 2023 14.09.2023
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S.A.365 of 2023 14.09.2023
guidelines.
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 14th day of September, 2023)
Sd/-
(GANAPATHI K.R.K) PRESIDING OFFICER
2 issues framed by the court
Whether to allow applicant time to remove belongings given health conditions before bank takes vacant possession.
Whether to impose conditions on access to premises for removal of personal articles.
1 provisions across 1 enactments
P.Pranthap Chandran
Canara Bank
D.Vignesh
GANAPATHI K.R.K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
