The Debts Recovery Tribunal dismissed an application under Section 17 of the SARFAESI Act, holding that the petition suffers from the defect of non-joinder of necessary parties named in the possession notice, preventing effective adjudication of rights.
Application under Section 17 is dismissed; all pending applications stand disposed of.
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1
DRT,PATNA
SA399of 2022 [J]
DEBTS RECOVERY TRIBUNAL PATNA
Presiding Officer: Shri KaushalendraYadav
SA- 399 of 2022
Versus
--respondent
Present:
| Forthe Applicant | : Sh.PunyatmaTiwary, Advocate |
|---|---|
| For the respondents Bank | : None |
Dated: 12.07.2023
JUDGMENT
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2
SA 399 of 2022 [JJ
DRT,PATNA
notice are also not in the name of the applicant. Moreover, after creation of mortgage deed and documentation, no loan amount was disbursed.
ORDER
The application under Section 17 of the SARFAESIAct (S.A.399/2022) is dismissed.All pending lAsfiled, if any in the matter shall stand disposed of.
A copy of this Judgment be sent to the parties aswell as be also uploaded on the e-DRTportal. y~
y~ -c;- \ y{>'V? \ -V_"') [KaushalendraYadav] PresidingOfficer Debts RecoveryTribunal, Patna
Judgment signed, sealed, dated and pronounced in the open court on this 12THDay ~ ~ of July, 2022.
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[KaushalendraYadav] Presiding Officer
Debts RecoveryTribunal, Patna
DEBTS RECOVERY TRIBUNAL, PATNA
| SI. No. |
Date of Order or Proceedings |
Order with the signature of the Court | Office action taken with date |
|---|---|---|---|
| SA399 of 2022 | |||
| 12.07.2023 | Judgment/ Order written on separate sheets, pronounced in the open Court and kept on the case file. ~/ Presiding Officer |
1 issue framed by the court
Whether the application under Section 17 of the SARFAESI Act should be allowed given the non-joinder of necessary parties in the possession notice.
4 provisions across 1 enactments
Sunita Devi, W/o Nirpendra Kumar
Sunita Devi, W/o Bacha Singh
Authorised Officer, For Cholamandlam Investment and Financial Company Limited, At - 2 nd Floor, Ram Rekha Complex, Power House Chowk, Near Circuit House, HPO Mu
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
