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DEBT RECOVERY APPELLATE TRIBUNAL
Anil Kumar Srivastava, Chairperson
Duddala Lokesh – Appellant
Versus
South Indian Bank Limited – Respondent
| Table of Content |
|---|
| 1. appeal against drt dismissal of sarfaesi s.17 application challenging possession notice. (Para 1 , 2) |
| 2. title chain dispute: prior sale deed mortgaged to bank, fraudulently cancelled, appeal stayed. (Para 3 , 4 , 9) |
| 3. drt issues on quashing notice; dismissed as premature due to pending high court appeal. (Para 5 , 6) |
| 4. appellants claim valid title; respondents assert bank's charge preserved by stay. (Para 7 , 8) |
| 5. s.17 not maintainable amid stayed title dispute; bank's enforcement lawful. (Para 10 , 11) |
JUDGMENT : 17 April, 2026 THE APPELLATE TRIBUNAL:
1. Instant Appeal is preferred against a judgement and order dated 10.06.2024 passed by Learned DRT-II Hyderabad dismissing the S.A. No. 75 of 2021 Duddala Lokesh & Another Vs The South Indian Bank & Another.
2. As per pleadings of the parties an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT) (hereinafter referred as to as the ‘Act’) was filed challenging the notice under Section 13(4) dated 05.09.2021 issued by the Respondent No. 1 herein i.e. South Indian Bank with the assertions that the Securitization applicant
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