Bank of Baroda v. Koilraj

OA No.1249/2025

06.07.2026

IA No.1100/26 was filed by applicant bank praying to direct the defendants to furnish security for the sum of Rs.32,46,241/- (less Rs.25.30 lakhs already recovered by way of sale under SARFAESI Act), within time fixed by the Tribunal, failing which to pass an order of attachment before judgment in respect of the IA schedule property.

After hearing the applicant bank, this Tribunal vide order dated 03.06.2026 directed the defendants to furnish security for the sum of Rs.32,46,241/- (less Rs.25.30 lakhs already recovered by way of sale under SARFAESI Act) within 15 days from the date of receipt of the order, failing which to order attachment of the IA schedule mentioned property. Meanwhile, conditional attachment of IA schedule mentioned property was ordered and Registry was directed to communicate the said order to the concerned SRO.

The Registry vide letter dated 10.06.2026 had communicated the said order of conditional attachment to SRO, Virugambakkam. The Sub Registrar, Virugambakkam vide letter dated 16.06.2026 had communicated to this Tribunal that there is no mention of survey number in the schedule of the property and hence had requested for mentioning of survey number.

Memo vide SR No.5991/26 has been filed by counsel for applicant bank for inclusion of Survey number in the schedule of property, which has been inadvertently left out to be mentioned by the applicant bank.

On verification of IA schedule of property filed by the applicant bank, it is seen that Survey number of the property has not been mentioned by the applicant bank in the schedule. Hence order was passed based on the particulars furnished, which cannot now be amended based on the memo filed by the applicant bank. Hence the memo is rejected. Applicant bank to take appropriate steps in accordance with law.