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2025 Supreme(Online)(DRAT) 94

DEBT RECOVERY APPELLATE TRIBUNAL
MR. JUSTICE G. CHANDRASEKHARAN, CJ
M s PNB Housing Finance Ltd – Appellant
Versus
Mr Devarajappa M – Respondent


Advocates:
M/s T. Sai Krishnan & K. Kumara Guru

ORDER

1. This appeal is filed under Section 18 of SARFAESI Act, challenging the order of Learned Presiding Officer, DRT-II, Bangalore passed in SA 185/2018 dated 14.7.2021.

2. SA No.185/2018 was filed by the respondent challenging the action and the measure taken by the appellant bank under SARFAESI Act, 2002 , especially, the order of Learned 44th Addl. CMM, Bengaluru dated 2.7.2018 passed in a petition fled under Section 14 of the SARFAESI Act, 2002 by the appellant bank. After contest, Learned Presiding Officer allowed the said SA, therefore, this appeal is filed by the appellant financial institution.

3. It is submitted by the Learned Counsel for appellant bank that Possession Notice sent to the respondent has been returned with endorsement ‘no such person’ in the address. Therefore, paper publication had been effected. Even thereafter, there is no representation for the respondent. It is informed by the Learned Counsel for appellant that possession notice was sent to the respondent to the address given in the loan documents. If at all any change in the address of the respondent, it is for the respondent to inform the appellant institution for further communication.

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