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2024 Supreme(Online)(DRAT) 323

DEBT RECOVERY APPELLATE TRIBUNAL
MR. JUSTICE ANIL KUMAR SRIVASTAVA, CJ
Canara bank – Appellant
Versus
SHRI G. VIJAYA AND ORS – Respondent


Advocates:
Ms. Aparajita Ghosh, Mr. Nemani Srinivas

JUDGEMENT

:

15th May, 2024 THE APPELLATE TRIBUNAL :

    Heard the Learned Counsel for the parties and perused the record.

2. Instant appeal has arisen against an order dated 14.9.2021, passed by Learned DRT-I, Hyderabad, in Review Application No. 20 of 2019, arising out of S.A. 96 of 2018, challenging the Sale Notice dated 12.2.2018 fixing the auction sale on 27.3.2018. SARFAESI Application was filed by the Respondents herein on several grounds, including violation of Rule 8 (6), 8 (7) and 9 (1) of the Security Interest (Enforcement) Rules, 2002 (hereinafter referred to as the Rules).

3. SARFAESI Application was duly contested by the Bank stating that compliance, as required under the Rules, was made but the SARFAESI Application was allowed on the ground that proof of compliance of Rule 8 (7) of the Rules was not filed. Subsequent thereto, the SARFAESI Application was allowed on 20.11.2019.

4. Feeling aggrieved, the Appellant Bank filed an application for review, being Review Application No. 20 of 2019, stating that photographs of affixation of Sale Notice on the secured assets, in compliance of Rule 8 (7) of the Rules, could not be filed. After passing of the judgment when extensive search

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