Allowed

Thumolla Radhakishan v. Omprakash Deora People Cooperative Bank

DRT20 Jul 2026SA/374/2026

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application under Section 17 of the SARFAESI Act to set aside an Advocate Commissioner Notice for taking physical possession. The Court ruled in favor of the Applicant due to the Respondent Bank's failure to file a Reply or prove strict adherence to statutory provisions and Rules.

What did the court decide?

Securitisation Application allowed to set aside the Advocate Commissioner Notice dated 12.05.2026 in Crl.MP.No.76/2026. Respondent Bank permitted to proceed afresh.

Thumolla Radhakishan versus Omprakash Deora People Cooperative… — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERYTRIBUNAL _ I AT HYDERABAD

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DATED THIS THE 2OTH DAY OF JULY.2026

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PRESENT: SRI GUMMADI GOPICHAND, PRESIDING OFFICER

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sA.No.374/2026

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Thumolla Radhakishan S/O Rajaram, Aged: Major, Occ: Business R/o. H.No.l-2-189, Bhatti Gally, Bhainsa, At Post and Mandal Bhainsa, Dist. Nirmal-504 103. Mobile: 9456454545, Email: [email protected] ... Applicant

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Versus

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Omprakash Deora People Co-operative Bank, Represented by its Authorized OfficerMr. Avinash Vishwanathappa Omprakash Koshti Having is Registered Office at the Police Station Road Bhainsa.

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Mdl: Bhainsa.

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District: Nirmal, Telangana 504- 103. Having its branch at Bhainsa... Deora Peoples Co-Operative aged 52 years. Cell No.9440885052 f/6 w ... Respondent IP ,.:J * ,":lCounsel for the Parties Counsel for the Applicant Vijay Kumar Counsel for the Respondent Reserued on .07.2026 Pronounced on : 20.07.2026 Upload in website on : 20.07.2026

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(SA.No.37al2026)

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ORDER

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The Applicant filed the^present Securitisation Application^{u/s.1 7 of the} Securitization and Reconstruction of Financial Assets and^{Enforcement of} Security lnterest Act, 2002 (SARFAESI Act, 2002) challenging the steps initiated by the Respondent for taking^{physical possession} of the Schedule Properties through Advocate Commissioner Notice dated 12.05.2026 in Crl.MP.No. 7612026 on the file of Hon'ble Chief Judicial Magistrate Court, Nirmal under the SARFAESI Act, 2002

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The averments made in the application, in brief, are that, the Applicant availed housing loan from the Respondent Bank against the security of schedule properties. Due to financial problems, the Applicant could not pay the instalments towards the loan interest. While matter stood thus, the Respondent bank trying to take physical possession of the schedule properties through the Advocate Commissioner in Crl.MP.No. 7612026 dated 12.05.2026 and issued Commissioner warrant for vacating the premises within 7 days. lt is further submitted that even after receiving substantial amount from the Applicant, the Respondent Bank was trying to take physical possession of the schedule properties. lt is submitted that the Respondent bank failed to follow the due process of law regarding schedule properties of the application which is illegal and arbitrary and in violation of SARFAESI Act, 2002 and the Rule made thereunder. The respondent Bank failed the Demand notice and Possession Notice to the applicarltr"T+$Pcl5$5.\p notice was not affixed on the schedule property arld;,aot publSed in tv0[lftding daily newspapers and thereby not followed thiorocedure orescribed lfffr rute 8(1)and (2). Hence prayed to set aside ,,,1n" t"Jr,/lJL ,2Jfi[,"0 ir1*" *".oondent Bank under the sARFAESt Act. .rsence^{the SA.} -o .i', e'h',r-*1i"7 2 SorEd'i9

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(SA.No. 37al2026)

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Notice served to Respondent, no representation, called absent and hence the Respondent is set exparte on 16.07.2026.

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Heard Ld. Counsel for the Applicant and perused the material brought on record.

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Now the points that arise for consideration is

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i) Whether the Applicant has esfab/rshed any valid grounds for setting aside the Advocate Commissioner Notice dated 12.05.2026 in Crl.MP.No.76/2026 on the file of Hon'ble Chief Judiciat Magistrate Court, Nirmal issued by the Respondent against the schedule propefty?

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i0 To what reliefr

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Point No.(i)

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The Applicant filed the present SA for setting aside the Advocate Commissioner Notice dated 12.052026 in Crl.Mp.No.7612026 on the file of Hon'ble Chief Judicial Magistrate Court, Nirmal issued by the Respondent against the schedule property. But, the Respondent Bank who invoked the SARFAESI proceedings against the schedule property, failed to justify their action by filing Reply and producing necessary material documents to prove that the Bank has strictly followed the provisions of SARFAESI Act and Rules framed thereunder while proceeding against the secured asset. The Respondent has not evinced any interest in contesting the matter even after giving and failed to file their Reply and material ions of the Applicant. ln the absence of any Respondent Bank has duly complied with Sl Act and Rules, 2002 while enforcing ll"'::o''",^{o{"yi?i"ii2ftto*} Ine secutrty rnterest over tte appt schedule property by the respondent

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(SA.No.37412025)

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bank, I hold that^{the Applicant has madea case for for setting aside the} Advocate commissioner^{Noticedated12.05.2026 in crl.MP.No76120260n} the file of Hon,ble^{Chief Judicial MaglstrateCourt, Nirmal issued by the} Respondent against^{the schedule propertyunder the provisions of the} SARFAES|ActandRulesthereunderandaSsuch,theSAisliabletobe allowed.

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Point No.fiili

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ln the result,^{S,A37412026is allowed.}

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8 lntheresult,thepresentsecuritisationApplicationisallowedforsettingaside theAdvocateCommissionerNoticedated12'06,2026inCrl.MP.No.76/2026 on the file^{of Hon'ble chief Judicial Magistrate court,Nirmal issued by the} Respondent against^{the schedulepropertyHowever, the RespondentBank} is at liberty to^{proceedafresh againstthe SA schedule propertyto recover} their dues^{by duly following the provisions of SARFAESIAct'2002 and Rules} thereunder.

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ThelnterlocutoryApplications,pendingifany'shallstanddisposedof.No order as to costs.

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Communicate a^{copy of this order to the partiesconcerned'}

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(Dictated. to the Priuate secretary,^{transcribed.bg her,conected} '^{signed andpronounced by me in} 'the open court on this the 20tt' day of Jutg, 2026)'

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sd/-
B'q
(G. GOPICHAND)
PRESIDTNG OFFICER
4 fi""frW*
".Fr#r^,

Thumolla Radhakishan v. Omprakash Deora People Cooperative Bank

Case brief

What is this about?

What did the court decide?

Thumolla Radhakishan v. Omprakash Deora People Cooperative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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