The Division Bench held that the SA was not maintainable based on Hemraj Ratnakar Salian, yet directed the bank to defer possession until August 30, 2024, subject to a quit-and-deliver undertaking and rent payment.
Deposit No. 1 directed to defer possession until 30.08.2024 subject to undertaking and rent payment.
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.
SA No. 373 of 2024
16.07.2024
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 16th day of July, 2024
Present: SHRI A. S. JAYACHANDRA Presiding Officer (In – charge)
SARFAESI APPLICATION No.373 of 2024
M/s. Retail Solution and Technologies Rep. by its Proprietor Mr. Anbazhagan S/o. Mr. Ramasamy, T.S. No. 5,6,7, First Floor, Mallika Industries, 3rd Street, SIDCO industrial Estate, Ekkattuthangal, Guindy, Chennai – 600 032.
….Applicant
-Vs-
Counsels on record / appeared:
Counsel for Applicant : M/s. Mr. S. Meenakshi Sundaram Counsel for Respondent : M/s. S. Parthasarthy
PROCEEDINGS DAETD 16.07.2024
SA No. 373 of 2024
2
16.07.2024
Bank Ltd., and Ors, reported in 2021 SCC online SC 611. The applicant cannot maintain the present petition.
SA No. 373 of 2024
3
16.07.2024
the vacant possession of the property mentioned in the SA on or before 30.08.2024 and by paying the current rent for the months of July’24 and August’24 to the defendant No.1 bank.
Sd/(A.S. JAYACHANDRA) PRESIDING OFFICER (In-charge)
2 issues framed by the court
Whether the possession notice issued under Section 13(4) of SARFAESI Act was maintainable.
Whether to grant a temporary stay on possession due to relocation difficulties.
Colour shows how this judgement treated each authority
Hemraj Ratnakar Salian Vs. HDFC Bank Ltd.Applied¶25
Hemraj Ratnakar Salian Vs. HDFC Bank Ltd., and Ors, 2021 SCC online SC 611 · Who else cites this
1 provisions across 1 enactments
M/s. Retail Solution and Technologies Rep. by its Proprietor Mr. Anbazhagan
M/s. IDBI Bank Ltd.
Mrs. R. Mallika
A. S. Jayachandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A. S. Jayachandra
Parties & counsel
