A Single Member Debt Recovery Tribunal dismissed a securitization application filed under Section 17 of the SARFAESI Act 2002 as infructuous since the applicant admitted defaulting on loan installments, preventing the taking of further steps to sell the property.
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INTHEDEBTSRECOVERYTRIBUNAL_ II AT HYDERABAD DATEDTHIS THE26THDAY OF AUGUST'2025
PRESENT:sH RAMESHWAR,[,?'5Fi,t:i''L'LB(Hons)' M A
SecuritizationApplicationNo 307 OF 2023
K. Bharat s/o Late Obaiah il.tro.+-q-7068,Nehru Nagar TiruPatl(Urban), Chittoor AndhraPradesh
.......APPlicant'
Versus
Bank ofBaroda Medaramitta,TlrumalaErancn
llJ.:il:8fi..l"t"Authorized orncer
counsetfor the A\Plicant
"ResPondent
Mr.A.VijaY Kumar
M/s TrivikramChitturu Counselfor ReslondentBank
':ORDER:-
page 2 of 2
6' In the result' the securitization Application is dismissed as infructuous, ConsequenUy, Interlocutory epptications pending, if any, sha, stand closed' No order as to costs. communicate a copy of this order to the parties concerned and uproad in the officiar website. ,:;:::,:Zilr;f:;:Xi.tir;rt corrected, sisned ond pronounced by me in the open court on this
tclq 6'!ni- WAR KOTHE) PRESTDTNG orrrcll
2 issues framed by the court
Whether a securitization application filed under Section 17 of the SARFAESI Act 2002 should be dismissed as the borrower admitted default on loan installments.
Whether the application is barred by the principle that a party cannot traverse beyond its pleadings.
1 provisions across 1 enactments
K. Bharat
Bank of Baroda
WAR KOTHE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
