Magbul Jan v. Canara Bank
Case brief
What is this about?
This DT court dismissed an application by borrowers who Sought to set aside a bank action to take physical possession of secured property. The Court held the bank followed due procedure under the SARFAESI Act and rules.
What did the court decide?
The Securitization Application failed and was dismissed; pending interlocutory applications stood closed.
What the court decided
IN THE DEBTS RECOVERY TRIBUNAL - iI AT HYDERABAD
DATED THIS THE 27.1H DAY OF OCTOBER, 2025
PRESENT: SH. RAMESHWAR KOTHE, B.Com, L.LB. (Hons.), 14.A. PRESIDING OFFICER
Securitization Application No.258 OF 2074
- Smt. Magbul Jan WoA/ AyubKhan Occ: Business, R/oD.No. 18-5-81 Azad Nagar, Hindpu r Ananthapur District Andhra Pradesh
- Sri A. Ayub Khan S/o Ghouse Khan Occ: Business, R/oD. No. 18-5-81 Azad Nagar, Hindpur Ananthapur District Andhra Pradesh
Versus
Canara Bank Rep by its Authorized Officer H indupur Branch, BST Compound Penukonda Road, H indupur Satya Sai District(erstwhile Ananthapur Dist.)
....Respondent,
Counsel for the Applicant : Ms.A. Tanuja
Counsel for Respondent Bank : Mr. A.V.S.S. Prasad
-:ORDER:-
Issues for consideration
2 issues framed by the court
Whether the applicants made out a valid ground to set aside the bank's action of taking physical possession of the secured property.
Whether the bank followed the statutory procedure under Secs. 13 and 14 of the SARFAESI Act before taking possession.
Parties & counsel
- applicant
Smt. Magbul Jan & Another
- respondent
Canara Bank
Coram
Rameshwar Kothe
Case details
As recorded by the court registry
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