The Tribunal dismissed the SARFAESI application challenging the recovery measures under Section 14 of the SARFAESI Act as nothing survives for adjudication since physical possession of the property had already been handed over to the auction purchaser.
SARFAESI application dismissed without costs; pending interim orders vacated; other pending IAs closed.
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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SA No.602 of 2023
21.03.2024
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 21st day of March, 2024
Present: Shri Ganapathi K.R.K. Presiding Officer
SARFAESI APPLICATION No.602 of 2023
Mrs. Usha Shanthi W/o. Balaji No.140/2, E.K. Sannathi Street, Kancheepuram – 631 502. ….Applicant
-Vs-
The Authorized Officer, Indian Bank, Sankara Mutt Branch No.2, Anna Street, Kancheepuram – 631 605. ….R esponden t
. C ounsels on record / appeared: Counsel for Applicant : M/s. J. Prince Counsel for Respondent : M/s. C. Ramaiah
ORDER
C.M.P. No. 7841 of 2023 dated 20.10.2023 for recovery of a sum of Rs.78,59,039.90p.
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SA No.602 of 2023
21.03.2024
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 21st day of March, 2024)
Sd/(GANAPATHI K.R.K) PRESIDING OFFICER
1 issue framed by the court
Whether the SARFAESI application challenging the measure of obtaining physical possession under Section 14 requires adjudication given that possession has already been handed over.
1 provisions across 1 enactments
Mrs. Usha Shanthi
The Authorized Officer, Indian Bank
Ganapathi K.R.K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
