The DRT dismissed an application by a defaulting loan applicant seeking to restrain the bank from taking possession of mortgaged residential properties. The court held the applicant failed to establish non-compliance with SARFAESI Act requirements or procedural defects in the Magistrate's order.
Securitization Application dismissed. No costs awarded to either party.
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.
Fair Order
IN THE DEBTS RECOVERY TRIBUNAL - 1 AT ERNAKULAM
DATED THIS 16th DAY OF DECEMBER, 2024
PRESENT: Su. WILLYAHM, B.Sc., M.L. [DISTRICT JUDGE - Retd] PRESIDING OFFICER
S.A No. 619 of 2023
Between
Sarish V., S/o. Sadanandan V., Vettampadikkal House, Amarambalam P.O., Thattekad, Malappuram – 679 332, Prop: M/s. Anon Marketing Palpra Building, Ancham Mile, Amarambalam, Malappuram -679 332.
--- Applicant
And
State Bank of India Nilambur Town Branch, Represented by its Chief Manager, Ellikkottil Arcade, Varangode, Down Hill P.O., Malappuram – 676 519.
--- Defendant
SA No.619 of 2023
This Securitization Application coming on 18.11.2024 for final hearing before me in the presence of Ms. Gayathri Krishnan, Counsel appearing for the Applicant and Mr. C.N. Baby, Counsel appearing for the defendant and upon hearing arguments of learned Counsels for both the parties and upon perusing the material on records, this Tribunal delivered the following:
O R D E R
Page 2 of 6
SA No.619 of 2023
averred in the SA as to whether the order passed by the learned Chief Judicial Magistrate, Manjeri in CMP No.3676/2023 suffers from any infirmity or procedural irregularity.
In the result, S.A No.619 of 2023 stands dismissed. No costs.
Dictated to Steno, taken down, transcribed, typed by him, corrected and pronounced by me in the open court on this the 16th day of December, 2024.
(Su. WILLYAHM) PRESIDING OFFICER
Mj/
Page 3 of 6
SA No.619 of 2023
‘A’ S C H E D U L E
District : Malappuram Village : Amarambalam Taluk : Nilambur Re. Sy.No. : 173/11 Extent : 5.05 Ares
Description
5.05 Ares of land and building in Re.Sy.No.173/11 in Amarambalam Village, Nilambur Taluk, Malappuram District standing in the name of Smt.Sarada P., covered under Deed No.3291/2006 dated 11.07.2006 of SRO, Nilambur.
Boundaries
East : Property of Anchillam Ayisha South : Road and property of Leela West : Property of Olakkal Chinnan North : Property of Ananthakrishnan
‘B’ S C H E D U L E
District : Malappuram Village : Chungathara Taluk : Nilambur Re. Sy.No. : 82/1 Extent : 6.88 Ares
Page 4 of 6
SA No.619 of 2023
Description
6.88 Ares of land and building in Re.Sy.No.82/1 Chungathara Village, Nilambur Taluk, Malappuram District standing in the name of Suresh K.V., covered under Deed No.3314/2007 dated 12.06.2007 of SRO, Edakkara.
| Boundaries | |
|---|---|
| East | : Property of Shibu |
| South | : Road |
| West | : Property of Abdul Razak |
| North | : Property of Abdul Razak |
(Su. WILLYAHM) PRESIDING OFFICER
Page 5 of 6
SA No.619 of 2023
List of documents filed by the Applicant along with the S.A.
| Sl. No. |
Date | Particulars | |
|---|---|---|---|
| 1. | 28.09.2023 | True photocopy of all-accounts balance details. |
Annexure-A1 |
| 2. | ---- | True photocopy of OD account details of account bearing No.00000067272193016 |
Annexure-A2 |
| 3. | --- | True photocopy of CMP No.2676 of 2023 of the Chief Judicial Magistrate Court,Manjeri. |
Annexure-A3 |
| 4. | 05.10.2023 | True photocopy of notice issued by the Advocate Commissioner in CMP No. 3676 of 2023 of Chief Judicial Magistrate CourtManjeri. |
Annexure-A4 |
(Su. WILLYAHM) PRESIDING OFFICER
Mj/
Page 6 of 6
2 issues framed by the court
Whether the applicant can restrain the bank from taking physical possession of secured assets under the SARFAESI Act.
Whether the applicant has established that the bank failed to comply with statutory requirements before seizing the property.
2 provisions across 2 enactments
Sarish V.
Su. WILLYAHM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
