Vinod Chand v. Canara Bank
Case brief
What is this about?
A Special Application under the SARFAESI Act filed in the Debt Recovery Tribunal, Delhi, was returned to the applicant for presentation before the proper authority, as the notices and auction proceedings were issued by the respondent bank's Ghaziabad branch.
What did the court decide?
Special Application returned to applicant for presentation before the proper Tribunal.
What the court decided
A compact analysis
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.
Debts Recovery Tribuna!-Il, Delhi
sLl3Ll2O2s VINOD CHAND VS. CANARA BANK
29.01.2025
Item no.5
Present: Shri Vivek Kumar Singh, counsel for applicant. Shri Navin K.Thakur, counsel for respondent bank.
Matter is taken through VC/Hybridmode.
- The Ld. Counsel of the respondentbank has submitted that they have receivedtwo bids in the auction. It is fufthersubmittedthat this Tribunalhas nojurisdiction to entertain thepresent SA. It is submitted that theproperty in questionis situatedat Ghaziabad and noticesunder Section 13(2)and 13(4) and sale notice have beenissued fromGhaziabad, therefore, this Tribunalhas no juridiction to entertain thepresent SA.
- The Ld. C-ounsel of theapplicant has submitted that respondent bank's branchis situated at Delhi, therefore, this Tribunalhas juridictionto entertain the present SA.
- Heard the Ld. Counsels of boththe partiesand perused the record.
- Fromperusal of therecord it is clear that the notice under Section 13(2),the notice under Section 13(4) and the sale noticehas been issued fromthe Ghaziabad branch of therespondentbank. The property is also situated at Ghaziabad. Therefore,this Tribunal has nojurisdiction to enterbinthe present SA. There is no evidence on 1131!thatthe loanhas
Issues for consideration
2 issues framed by the court
Whether the Debt Recovery Tribunal at Delhi has jurisdiction to entertain the Special Application when auction notices were issued by the Ghaziabad branch.
Whether the notice under Section 13(2) and sale notice issued from Ghaziabad deprives the Delhi Tribunal of jurisdiction.
Parties & counsel
- applicant
VINOD CHAND
- respondent
CANARA BANK
Coram
Susmi R K RASTOGI
Case details
As recorded by the court registry
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