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DEBT RECOVERY APPELLATE TRIBUNAL
G. Chandrasekharan, CJ
The Chief Manager, State Bank of India, Stressed Assets Recovery Branch – Appellant
Versus
M/s City Hospital, Rep. by its Managing Partner, Mr. G. Ganesh Babu – Respondent
| Table of Content |
|---|
| 1. appeal filed under sarfaesi act. (Para 1 , 2) |
| 2. legal challenges to possession and sale notices. (Para 3 , 4 , 5 , 8 , 9) |
| 3. order allowed based on legal heir representation. (Para 6 , 10 , 11) |
| 4. court observations on procedural compliance. (Para 7 , 12 , 15 , 16) |
| 5. order of drt set aside. (Para 17) |
ORDER
1. This appeal is filed under Section 18 of the SARFAESI Act against the order against the order passed in SA No.620/2023 by Learned Presiding Officer, DRT, Madurai on 15.5.2024.
2. Learned Counsel for the appellant submitted that the aforesaid SA was filed by respondents 1 to 3 challenging the Possession Notice dated 16.9.2023 and the Sale Notice dated 29.3.2023. Learned Presiding Officer after perusing the records and hearing the submissions of Learned Counsel appearing for parties, allowed the SA. Therefore, this appeal is filed.
3. It is his further submission that SA was allowed on following grounds:
a) There is only a short interval between the possession notice and the sale notice.
b) Notice sent to Mrs. Jeevitha returned with remarks “ left India” but the appellant bank had not taken any steps to complete the service in respect of one of the legal heirs of de
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