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2024 Supreme(Online)(DRAT) 429

DEBT RECOVERY APPELLATE TRIBUNAL
G. Chandrasekharan, CJ
Mr. P.L. Venkatarama Reddy, Mrs. Nalini Reddy – Appellant
Versus
Dr. Uma Suresh, The National Co-operative Bank Ltd. – Respondent


Advocates:
For the Appellants: Learned Sr. Counsel Mr. E. Om Prakash for Mr. B Raghavulu Naidu
For the Respondents: Mr. S. Sethuraman for Mr. G Sanjeevi, Mr. T.S.Rajeev Gandhi

ORDER

1. Challenging the order passed by Learned Presiding Officer, DRT-II, at Bengaluru, in SA 306/2020 on 27.05.2021, this Appeal is filed.

2. The brief facts leading to this Appeal are that, the Appellants are the Respondent Nos. 2 and 3 in SA 306/2020. First Respondent herein, filed SA 306/2020 under Section 17 (1) of SARFAESI Act , 2002, challenging the action and measure taken by Authorised Officer of Respondent No.2 Bank, under the Security Interest (Enforcement) Rules, 2002 (hereinafter referred to as Enforcement Rules, 2002).

3. The prayers made by 1st Respondent in SA 306/2020 were:

i) To set aside the measures initiated by the Respondent Bank under Section 13 of the SARFAESI Act in relation to the Schedule property of the Applicant, inter alia, the attempts to auction Schedule property, pursuant to the notice dated 21.02.2019 issued under Section 13 (4) of the SARFAESI Act ;

ii) Consequently, quash the sale certificate dated 27.03.2019 in No. RRN-1-09533-2018-19 registered in the office of the Sub Registrar, Jayanagara (Rajarajeshwarinagara), Bengaluru, as being in defiance of Rule 8(5) of Security Interest Rules;

iii) Quash the confirmation of sale dated 11.03.2019 issued

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