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2025 Supreme(Online)(DRAT) 237

DEBT RECOVERY APPELLATE TRIBUNAL
MR. G. CHANDRASEKHARAN,
Mr. Anoor K. Prakasam – Appellant
Versus
The Authorised Officer, State Bank of India – Respondent


Advocates:
For the Appellant: M/s Aiyar & Dolia
For R1: Dr. T. Ramasamy
For R3: M/s V. Rameshvel & Co.

ORDER

1. This appeal is filed under Section 18 of SARFAESI Act challenging the order dated 8.3.2022 passed in IA 1858/2016 in SA (NDN) 1442/2021 on the file of DRT, Coimbatore.

2. Ld. Counsel for appellant submitted that SA (NDN) 1442/2021 (SASR No.5725/2016 on the file of DRT, Madurai) was filed challenging the Auction Sale Notice dated 25.9.2012. Since there was a delay in filing the application, appellant also filed IA 1858/2016 to condone the delay of 1372 days in filing the SARFAESI Application. It is further submitted that DRT below after noting the objections of 1st respondent bank that property was already sold in auction way back on 29.10.2012 and the entire process under the SARFAESI Act having been completed, nothing survives in the application, dismissed the IA without assigning any reasons. It is further submitted that application filed for condonation of delay in filing SA was not considered by adverting to the reasons stated for the delay and this finding led to dismissal of the IA.

3. Ld. Counsel for appellant further submitted that appellant is the guarantor for the loan borrowed by his wife Mrs. M. Elangodi and appellant filed a Writ Petition MD No.16830/2012 cha

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