Applicants challenged an auction sale notice issued under the SARFAESI Act as defective. The Court held that since no auction was conducted due to lack of bidders, the application became infructuous.
Application dismissed; bank directed to issue fresh sale notice following SARFAESI Act provisions and Rules.
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.
IN THE DEBTS RECOVERY TRIBUNAL - I AT HYDERABAD
DATED THIS THE 2OTH DAY OF JUNE ,2C,25
PRESENT: GUMMADI GOPICHAND, PRESIDING OFFICER
SA.No. I9/2C.23,
Venkataramana colony,
Hastinapuram, Hyderaba d_Z 4.
Venkataramana colony,
Hastinapuram, Hyderaba d-T 4
S/o late B.Kameswara Rao, Occ:business, R/ o 9-9-g4, Girmaj ipet, Warangal-506002.
Occ:house wife, aged 61 years, Rl o 9-9-84,
Gi rmaj ipet, Warangal-506002
sA 19/23
-:ORDER:.
2. The averments made in the application, in brief, are that:
The l"tApplicant availed credit facilities from the Respondent Bank and created mortgage in respect of the schedule property. Thereafter, the Applicant could not repay the loan amounts due and so, the Respondent bank issued demand notice dt.14.09.2017 uls 13(2)of theSARFAESI Act, 2oo2 and later issued possession noticedt.05.0.p,..2."0."15. I {hereafter, the Respondent bank issued e noiice dt.30. 12.2022 for conducting auction of the on 25.01.2023 and in the said sale notice, the tr4-/k not mentioned about the pendency of the SAS * filed o$.ylh*,#oo t before DRT, Visakhapatnam and so, the said 70
sA 1el23
e Auction sare notice issued by the Respondent Bank is defective and so, the it is liable to be set aside. Hence the SA.
- Heard Ld. counser for the Appricants and Ld. counsel for Respondent and perused the material brought on record.
Point No.(i):-
sA ts/23
the present SA becomes infructuous and the SA is liable to be dismissed. Suffice, a direction is given to the Respondentbank to proceed afresh for conducting sale of the schedule property by issuing fresh sale notice by duly following the provisions of SARFAESI Act, 2OO2 and Rules made thereunder.
Point No.liil:-
stand disposed of. No order as to costs.
(Dictated to the p.S transcribed. bg her, c)ag of June, 2025). corrected, signed and' pronounced- by me in the open court on this the 2oh
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(c. coPr CHANDI PRESIDING OFT'ICER
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3 issues framed by the court
Whether the applicants have established valid grounds for challenging the Auction Sale Notice dated 30.12.2022?
Whether the relief claimed is warranted given the lack of conduct of auction by the bank?
What is the appropriate disposal of the application?
1 provisions across 1 enactments
M/s Crosol Crop Care p.Ltd.
M/s Hemasree Agro Chemicals
M/s Shaktishree Bio-Crop Sciencesp.Ltd.
Sri Naveen Belide
Sri BelideRajender
Belidelaxmi aliasB.Vijayalaxmi
GUMMADI GOPICHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
