Shri Jeevan Kumar v. Canara Bank
Case brief
What is this about?
The Debt Recovery Tribunal set aside the SARFAESI action initiated by the respondent bank due to admission of non-Commodity Eligibility and Record of Title under SARFAESI Act? No, due to absence of CERSAI Registration. The court ordered fresh action only after compliance.
What the court decided
A compact analysis
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DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
SA/247/2022 SHRI JEEVAN KUMAR Vs CANARA BANK
27.10.2025 Item No.24
Present: Mr. Vivek Verma, Counsel for the Applicant. Mr. Iqbal Mohd., Counsel for respondent bank.
The bank had initiated the SARFAESI action in the year 2022. Mr. Iqbal Mohd., counsel for the respondent bank admits that there is no CERSAI Registration in this case. In view of this, SARFAESI action is hereby set aside. It is made clear that this order will not debar the bank from initiating the fresh SARFAESI action after complying with all the proceedings under the SARFAESI Act. In view of the above, SA stands disposed of.
File be consigned to record room after due compliance.
(A S Narang) Presiding Officer DRT-I, Chandigarh
PANKAJ
Issues for consideration
1 issue framed by the court
Whether the SARFAESI action initiated by the bank can continue in the absence of CERSAI Registration.
Parties & counsel
- applicant
Shri Jeevan Kumar
- respondent
Canara Bank
Coram
A S Narang
Case details
As recorded by the court registry
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