Application under Section 17 SARFAESI Act dismissed. Tribunal rejected applicant's claim regarding non-receipt of reply to representation and irregularities in possession notice, finding no infirmity in the bank's SARFAESI action.
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DEBTS RECOVERY TRIBUNAL, PATNA
Date of order or proceeding
Order with the
| Order with the | Office action |
|---|---|
| Signature of the Court | taken with |
| date |
SA 354 of 2022
18.09.2025
Abdul Qayum Vs. Uttar Bihar Gramm Bank
Ld. counsels for the parties are present.
It has been submitted on behalf of the applicant that after declaration of NPA the demand notice was issued by the respondent bank against the applicant. After getting the demand notice, the applicant has made a representation dated 14.02.2022 against that. Ld. counsel for the respondent submits that no representation has been sent to the respondent bank. As such, there arises no question for its reply. Ld. counsel for the applicant did not file any tracking report to show whether the aforesaid representation was actually received by the respondent bank or not. As such, there is no cogent evidence to prove the submission of the representation.
Ld. counsel for the applicant further submits that no date has been mentioned in the possession notice but from the perusal of the annexure 9 filed by the applicant himself, the date of taking symbolic physical possession has been disclosed 17.09.2022 and that has been shown the same date of issuing the notice. The same date has been mentioned in the paper publication also.
In such circumstances, there appears no infirmity in the present case by taking the SARFAESI Action. Accordingly, the present SA is dismissed. Order be uploaded on the Tribunal's website. ~~ Patna (Kaushalendra Yadav)
~~ (Kaushalendra Yadav) Presiding Officer
Abdul Qayum
Uttar Bihar Gramm Bank
Kaushalendra Yadav
As recorded by the court registry
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