S Managaleswaran v. Icici Bank Limited
Case brief
What is this about?
The Debt Recovery Tribunal set aside the Section 14 order dated 12.09.2023 passed by the Chief Judicial Magistrate for failing to produce the Section 14 application and accompanying affidavit, despite the applicant not challenging the Section 13(4) possession notice issuance.
What did the court decide?
Set aside the Section 14 Order dated 12.09.2023; interim order if any stands vacated.
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.
IN THE DEBTS RECOVERY TRIBUNAL – III AT CHENNAI
Dated this 16th Day of May, 2025
PRESENT: SMT.S.V.GOWRAMMA
Presiding Officer
SA No. 581 of 2023
S.Mangaleswaran,M/31 S/o.Shanmugam, No.1/36, Mettu Street, Uppuvellur, Villupuram District – 604 154. …Applicant
-Vs-
ICICI Home Finance Ltd., Represented by its Authorized Officer, Unit -1, 1st Floor, GKM, 81, Ward-H, 100 Feet Road, Near Indira Gandhi Square, Pondicherry. …Respondent
Counsel on record / appeared:
Counsel for Applicant : M/s. D. Senthil Kumaar Counsel for Respondent : M/s. Rajadurai
ORDERS ON SA No. 581 /2023
Issues for consideration
3 issues framed by the court
Whether issuance of possession notice under Section 13(4) is a mandatory condition precedent before initiating proceedings under Section 14 of the SARFAESI Act.
Whether the Section 14 order dated 12.09.2023 is in compliance with statutory requirements when the creditor failed to produce the Section 14 application or accompanying affidavit.
Whether the challenge to the Section 13(4) notice is maintainable given the delay in filing the application.
Parties & counsel
- applicant
S.Mangaleswaran
- respondent
ICICI Home Finance Ltd.
Coram
S.V. Gowramma
Case details
As recorded by the court registry
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