Specifying that the SARFAESI application filed by an unregistered tenant was not maintainable under Hemraj Salian precedent, the Tribunal allowed a stay petition to defer possession until October 15, 2024, contingent upon filing an undertaking.
Order dated 02.08.2023 challenged allowed; possession deferred till 15.10.2024 subject to undertaking; SA disposed.
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. 546 of 2024
23.08.2024
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 23rd day of August, 2024
Present: SHRI A. S. JAYACHANDRA
Presiding Officer (In – charge)
SARFAESI APPLICATION No.546 of 2024
Mr. B. Vitthal Doss S/o. B.M. Patel No. 85, GNT Road, Kanagasathiram, Ponniammanmedu, Chennai – 600 110.
….Applicant
-Vs-
No.96, Anna Salai,
Chennai – 600 002.
Counsels on record / appeared:
Counsel for Applicant : Mr. G. Sanjeevi Counsel for Respondent : Mr. R. Kannan
PROCEEDINGS DATED 23.08.2024
CA/770/2024 - Caveat stands discharged.
IA/1519/2024 [Emergent Petition]
Heard and the same is allowed
SA No. 546 of 2024
23.08.2024
IA/1520/2024 [Stay Petition]
same may be dismissed. He also submits that a similar petition in SA/355/2024 was dismissed by affording time till 31.08.2024 in respect of similar tenant by name Mohan J Patel.
SA No. 546 of 2024
23.08.2024
Sd/(A.S. JAYACHANDRA)
PRESIDING OFFICER (In-charge)
(Dictated to Steno, who typed in the system, corrected, signed and pronounced in Open Court, on this 23rd day of August, 2024)
2 issues framed by the court
Whether the SARFAESI application is maintainable since the applicant is an unregistered tenant and not a borrower or guarantor?
Whether the possession of the property can be deferred if the applicant files an undertaking to quit and deliver vacant possession?
Colour shows how this judgement treated each authority
Hemraj Ratnakar Salian Vs. HDFC Bank Ltd.Applied¶30
Hemraj Ratnakar Salian Vs. HDFC Bank Ltd., and Ors, reported in 2021 SCC online SC 611 · Who else cites this
2 provisions across 2 enactments
B. Vitthal Doss
Authorized Officer, HDFC Bank Ltd.
M/s. Sri Muralikrishna And Co
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
