T Murugesh v. Axis Bank
Case brief
What is this about?
This SARFAESI application challenged the possession notices and CJM order due to procedural violations. The tribunal found irregularities in notice publication locations and lack of Advocate Commissioner notice, quashing the notices and allowing the application.
What did the court decide?
Possession notices dated 17.08.2023 and 04.08.2021, and the CJM order dated 15.06.2023, are set aside. Banks directed not to incur expenditures in these notices. Applicant at liberty to facilitate fre
What the court decided
SA No.477/2023
Fair Order
IN THE DEBTS RECOVERY TRIBUNAL AT MADURAI
DATED THIS 25th DAY OF SEPTEMBER, 2025
PRESENT: SEEMA SINHA
[PR. DISTRICT & SESSIONS JUDGE - Retd] PRESIDING OFFICER
SA No. 477/2023
Mr. T. Murugesh, S/o. Thangamani, No. 13-139/1, Kumittivilai, Vilavancode, Kanyakumari District – 629 162. --- Applicant
-Vs-
- The Authorised Officer,
- Axis Bank Ltd., Retail Asset Centre, Arcot Plaza, 4th Floor, Old No. 38, New No. 165, Arcot Road, Next to Domino’s Pizza, Kodambakkam, Chennai – 600 024.
- The Bank Manager, Axis Bank Ltd., Thirukarangudi Branch, No. 77/5A, South Car Street, Thirukarangudi, Tirunelveli – 627 115. --- 1st & 2nd Defendants Bank
Issues for consideration
3 issues framed by the court
Whether the Debt Recovery Tribunal ought to quash the possession notices and the impugned order of the Chief Judicial Magistrate due to procedural violations?
Whether the respondent bank followed the mandatory requirements of the SARFAESI Act and Security Interest Enforcement Rules regarding notice publication and local circulation?
Whether the applicant is entitled to restoration of physical possession and a stay on fresh recovery actions following the identified irregularities?
Parties & counsel
- applicant
Mr. T. Murugesh
- respondent
The Authorised Officer, Axis Bank Ltd.
- respondent
The Bank Manager, Axis Bank Ltd.
Coram
Case details
As recorded by the court registry
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