The Special Appeal was dismissed as infructuous because the Respondent Bank withdrew the earlier demand and possession notices. The Applicant may file an application under Section 17(1) of the SARFAESI Act after any measures are taken by the Bank.
Special Appeal dismissed as infructuous; Applicant permitted to file application under Section 17(1).
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DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Order Sheet (continuation) | ||
|---|---|---|
| Case No.SA/ | 502/2025 VIKASH KUMAR YADAV Vs ICICI BANK LIMITED |
|
| Date of the Order |
Order with Signature | Office action with date and dated Signature of Parties when necessary |
| 08/04/202 | Ld. Counsels Mr. Pritam Modak and Ms. Rina Sahu appear | |
| 6 | for Sarfaesi Applicant. Ld. Counsels Ms. Ishita Ghosh appears for ICICI HFL. |
|
| Ld. Counsel for Applicant has filed IA/1166/2026 for amendment in the cause title as ICICI Bank Ltd. has assigned the loan to ICICI Home Finance Ltd. but Ld. Counsel for ICICI Home Finance Ltd. submits that Respondent Bank has withdrawn the earlier demand notice and subsequent measures such as demand notice and possession notice. |
||
| Since demand notice and possession notice have been withdrawn by Respondent Bank, this SA became infructuous. It is further submitted by Ld. Counsel for Respondent Bank that Bank has issued fresh demand notice and no possession notice has been issued. Hence SA is disposed of as infructuous. After any measures taken by Respondent Bank, Applicant may file any application u/s 17(1). (Ambuja Mohan Das) Presiding Officer |
(Sne)
DEBTS RECOVERY TRIBUNAL 1, KOLKATA
(Sne)
1 issue framed by the court
Whether the Special Appeal became infructuous upon withdrawal of demand notice and subsequent measures by the Respondent Bank.
1 provisions across 1 enactments
Vikash Kumar Yadav
ICICI Bank Limited
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
