Debts Recovery Tribunal allowed a sale petition challenging an e-auction notice. The officer failed to prove that the sale notice was displayed on the property. The tribunal set aside the notice as infructuous since no sale occurred.
Sale notice dated 08.02.2023 scheduling sale to 28.03.2023 is set aside. Liberty granted to initiate action afresh.
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.No.173 of 2023 03.01.2024
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 03rd day of January, 2024
Present: Shri Ganapathi K.R.K. Presiding Officer
SARFAESI APPLICATION No. 173 of 2023
Mrs.Anitha Venkatesan No.50/77, Gokulam Illam Bajanai Koil Street Padi – 600 050 …. Applicant
Vs
The Authorized Officer Union Bank of India Anna Salai Branch 153, LIC Building, Ground Floor Anna salai Chennai – 600 002 …. Respondent
Counsels on record / appeared:
Counsel for Applicant : M/s Antony Selvam Counsel for Respondent : M/s Dr.S.R.Sundaram
ORDER
by respondent bank scheduling sale to 28.03.2023 for recovery of a sum of Rs.38,23,889.56p.
infirmities in the procedure adopted by the respondent bank, while issuing the impugned sale notice and further that no sale has taken place on the scheduled date.
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S.A.No.173 of 2023 03.01.2024
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S.A.No.173 of 2023 03.01.2024
guidelines.
(Dictated to Steno (DD), transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 03rd day of January, 2024)
Sd/-
(GANAPATHI K.R.K) PRESIDING OFFICER
2 issues framed by the court
Whether the sale notice was validly issued without averring or affixing it on the conspicuous place of the secured asset.
Whether the sale notice became infructuous as no sale took place on the scheduled date.
1 provisions across 1 enactments
Mrs. Anitha Venkatesan
The Authorized Officer, Union Bank of India
Ganapathi K.R.K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
