The Debt Recovery Tribunal dismissed the SARFAESI application challenging a sale notice as infructuous because the scheduled sale did not take place due to want of bidders, having found no procedural infirmities.
The sale notice challenged in the application stands upheld; the application is dismissed without costs.
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 79 of 2023
28.02.2024
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 28th day of February, 2024
Present: Shri Ganapathi K.R.K. Presiding Officer
SARFAESI APPLICATION No.79 of 2023
Mr. Santhosh Abraham S/o. KP. Abraham, No.G2, 1st Block, Kochar Panchsheel, No.129, CTH Road, Ambattur, Chennai-600 098. ….Applicant
-Vs-
The Authorized Officer, M/s. Religare Finvest Limited, 7th Floor, Max House, Block A, Dr. Jha Marg, Okhla Phase III, Okhla Industrial Estate, New Delhi- 110 020. … Respondent
Counsels on record / appeared:
Counsel for Applicant : M/s. R.K.M. Suresh Counsel for Respondent : M/s. M. Arunachalam
ORDER
SA 79 of 2023
2
28.02.2024
documents filed along with counter, which is since demonstrated and were found to be in accordance to law.
any granted and subsisting till this day stands vacated and all other IAs, if any pending stand closed.
guidelines.
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 28th day of February, 2024)
(GANAPATHI K.R.K) PRESIDING OFFICER
Sd/-
1 issue framed by the court
Whether a Sale Notice challenged under SARFAESI Act is maintainable when no sale has taken place.
Santhosh Abraham
The Authorized Officer, M/s. Religare Finvest Limited
Ganapathi K.R.K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
