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2025 Supreme(Online)(DRAT) 531

DEBT RECOVERY APPELLATE TRIBUNAL
MR. JUSTICE ANIL KUMAR SRIVASTAVA, CJ
Canara Bank, Guntur Branch – Appellant
Versus
M/s Sree Vijayasri Lakshmi Traders – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Aparajta Rao
For the Respondents: Mr. Nemani Srinivas

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The core issue in this case revolves around the validity of the auction sale conducted by the secured creditor. The court emphasized that failure to issue a proper 30-day notice under Rule 8(6) before the auction renders the sale invalid, thereby safeguarding the borrower’s right of redemption (!) (!) .

  2. The right of the borrower to redeem the secured asset is considered sacrosanct and must be protected by following the statutory procedures meticulously. Any procedural lapses, especially concerning notice issuance, can lead to the annulment of the auction process (!) (!) .

  3. The law mandates that a clear and mandatory 30-day notice must be served on the borrower before any sale of immovable secured assets, and this requirement remains applicable even in the case of subsequent sales. The absence of such a notice invalidates the auction, and the procedure must be followed afresh (!) (!) (!) .

  4. The court highlighted that the amended provisions of the relevant law restrict the right of redemption to the period before the publication of the sale notice. Once the notice is published, the borrower’s right to redeem is considered extinguished, unless procedural errors occurred in the notice process (!) (!) .

  5. The order underscores that procedural compliance is fundamental to uphold the sanctity of the auction process. Any irregularity, especially in issuing the requisite notices, can lead to the annulment of the sale and the obligation to refund the auction amount with interest (!) (!) .

  6. The court directed the refund of the auction amount to the purchaser with interest and ordered that possession of the secured asset be returned to the secured creditor upon receipt of the refund. The sale was quashed due to procedural violations, aligning with the principles of law that emphasize adherence to statutory procedures (!) .

  7. The decision reaffirmed that the rights of the borrower, including the right to redemption, are protected by law and cannot be arbitrarily infringed upon by procedural shortcuts or violations. Compliance with statutory notice requirements is essential for the validity of the auction process (!) (!) .

  8. The court also clarified that the procedural lapses in this case, particularly the absence of a fresh 30-day notice for the subsequent sale, necessitate the annulment of the auction and the consequent refund, emphasizing the importance of following the prescribed legal procedures for sale of secured assets (!) (!) .

  9. The appeal was dismissed, and the directions included the refund of the amount with interest, along with the order to return possession of the assets, thereby reinforcing the principle that procedural correctness is vital for lawful enforcement of security interests (!) (!) .

  10. Overall, the judgment underscores the importance of strict adherence to the statutory notice provisions, reaffirming that any deviation or procedural error invalidates the auction and protects the borrower’s rights under the law.


Table of Content
1. introduction of the case and procedural background. (Para 1 , 2 , 3)
2. factual issues regarding auction notices and borrower rights. (Para 4 , 5 , 6 , 7)
3. discussion on the necessity of 30-day notice compliance. (Para 8 , 9 , 10)
4. court's decision on the invalidity of auction without proper notice. (Para 15 , 30)
5. final determination on the appeal and refund order. (Para 32)

JUDGMENT :

18th July, 2025 THE APPELLATE TRIBUNAL :

Heard the Learned Counsel for the Appellant as well as Learned Counsel for Respondent No. 3 and perused the records. Despite service none appeared for the Respondent No. 1.

2. Instant Appeal has arisen against a judgment and order dated 6th August, 2024 passed by Learned DRT Visakhapatnam in S.A. No. 46 of 2019 whereby Learned DRT allowed the Securitisation Application.

3. As per pleadings of the parties, a Securitisation Application u/s 17 (1) of the SARFAESI Act, 2002 was filed by the borrower challenging the E-auction Sale Notice dated 13th December, 2018 and the sale conducted on 29th January, 2019 with consequential reliefs that all the steps taken by the secured creditor under Securitisation Act are against law. The Securitisation Appl

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