Sajda Bibi v. Indian Bank
Case brief
What is this about?
The Debts Recovery Tribunal dismissed a stay application regarding non-compliant sale notices and affirmed the dismissal of the main sale application for lack of cause of action due to failed auctions.
What did the court decide?
The stay application and the main Sale Application were dismissed for lack of maintainability and non-subsistence of cause of action.
What the court decided
7
BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA
PRESENT: -SRI KAMAL DE.
PRESIDING OFFICER.
S.A. No. 816 OF 2023 (Order no.3) DATE OF DELIVERY OF ORDER : 25.04.2024
Sajda Bibi
-versus-
A,Plicants
- Indian Bank
- Authorised officer, Indian Bank
...
Respondents.
Counsel for the SA Applicant: ... Mr. S. Dandapat
Counsel for respondent nos. 1 and 2- Bank : Mr. S.M.Singh
Issues for consideration
3 issues framed by the court
Whether the sale notice issued by the bank complied with the prescribed format and publicity requirements under the Security Interest Enforcement Rules, 2002.
Whether the stay application was maintainable when no sale proceeded on the dates mentioned in the sale notices.
Whether the applicant waived jurisdiction by failing to appear in response to the possession notice under Section 13(4) of the SARFAESI Act.
Parties & counsel
- applicant
Sajda Bibi
- respondent
Indian Bank
Coram
Kamal De
Case details
As recorded by the court registry
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