P.K.BHASIN
Bank of India – Appellant
Versus
Amar Stone Works – Respondent
1. While presiding over Debts Recovery Appellate Tribunal, Allahabad as its Chairperson I have been examining and scrutinising the orders passed by different Debt Recovery Tribunals (DRTs) functioning under the jurisdiction, superintendence and control of DRAT, Allahabad while hearing appeals coming up before this appellate Tribunal arising out of orders passed, interim as well as final, in petitions filed by borrowers and other aggrieved persons under Section 17(1) of the SARFAESI Act as well as under the earlier Recovery of Debts Due to Banks and Financial Institutions Act, 1993 which now stands amended in the year 2016 and comes to be called the Recovery of Debts and Bankruptcy Act, 1993. As far as the litigation arising from invocation of the provisions of the SARFAESI Act by Banks and other Financial Institutions for recovery of their money which they had lent to various borrowers and which was not repaid by the borrowers, guarantors/mortgagors by way of taking over the possession of mortgaged properties in order to sell them by way of public auctions, is concerned, the same mainly centres around the efforts of the defaulting borrowers to save their properties which the
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