Professional Documents
Culture Documents
SA Shanthi
SA Shanthi
S.A.No. of 2024
Mrs.N.Shanthi,
W/ o. Mr.I.Saravanan,
Flat No.3, Ground Floor,
"Vignesh Anchitha"
Veereshwaram Kalmethu Street,
Srirangam, Trichy - 620 006 ....Applicant
-Vs-
The Authorized Officer,
Indian Bank,
Trichy Main Branch,
No.128, Big Bazaar Street,
Tiruchirappalli - 620008
And Another ... Defendants
Chamber Nos. 78 & 84, Lawyer's Chamber, Madurai bench of Madras High Court, Madurai - 625
023 Ph: 0452-2521253 Email:- vastlaw@:gmaiLcom, website:
www.vastlawassociate.com
APPLICATION UNDER SUB SECTION (1) OF SECTION 17 OF THE
Date of Filing
Registration No.
Signature
Registrar
BEFORE THE DEBTS RECOVERY TRIBUNAL AT MADURAI
S.A. No. of2024
In the matter of
Mrs.N.Shanthi ... Applicant
-Vs-
The Authorized Officer,
Indian Bank
And Another ... Defendants
INDEX
SI.
Particulars Page no.
No.
Part-A
Part-B
1. Vakalatnama �1
2. Service Reports
PARTNER
In the matter of
Mrs.N.Shanthi ... Applicant
-Vs-
The Authorized Officer,
Indian Bank
And Another ... Defendants
PARTNER
COUNSEL FOR APPLICANT
1
Mrs.N.Shanthi,
W/o. Mr.I.Saravanan,
Flat No.3, Ground Floor,
"Vignesh Anchitha"
Veereshwaram Kalmethu Street,
Srirangam, Trichy - 620 006 ... Applicant
-Vs-
1. The Authorized
Officer, Indian Bank,
Trichy Main Branch,
No.128, Big Bazaar Street,
Tiruchirappalli - 620008
2. Indian Bank,
Rep. by its Branch Manager,
Trichy Main Branch,
No.128, Big Bazaar Street,
Tiruchirappalli - 620008 ... Defendants
DETAILS OF THE APPLICATION:
1. PARTICULARS OF THE APPLICANT:
Mrs.N.Shanthi
W/o. Mr.I.Saravanan
Flat No.3, Ground
Floor, "Vignesh
Anchitha"
Veereshwaram Kalmethu Street
Srirangam, Trichy - 620 006
2. , Indian Bank,
Rep. by its Branch Manager,
Trichy Main Branch,
No.128, Big Bazaar Street,
Tiruchirappalli - 620008
III. JURISDICTION OF THE TRIBUNAL:
The Applicant declares that the subject matter of the application pertains to the
property which is situated at Trichy District within the jurisdiction of this Hon'ble
Tribunal. Therefore the Applicant declares that the subject matter of the application
falls within the jurisdiction of this Hon'ble Tribunal as per section 17(1) of the
IV. LIMITATION:
and issued by the 1st defendant. Therefore, the applicant further declares that the
application is filed within the limitation prescribed in sub section (1) of Section 17 of
1. It is submitted that the applicant and her husband Mr.I.Saravanan are retired
BSNL staff. The applicant and her husband with the desire to construct their
own house approached the 2nd defendant bank and requested to provide credit
facilities. The 2nd defendant bank sanctioned indian bank house loan facilities
for a sum ofRs.15.32 Lakhs and Indian bank home loan plus facility for a sum
\
3
2. For the above loan transactions the applicant and her husband stood as
guarantors for the due repayment of the loan. The schedule mentioned
property belonging to the applicant was offered as collateral security for the
signatures from the applicant and her husband in prefilled forms and blank
papers and the applicant and her husband have been kept in dark for what
3. It is submitted that the applicant and her husband was very prompt in repaying
the loan amount. But due to heavy financial problems and reasons beyond
their control and due to the effect of Covid-19 pandemic the applicant and her
husband incurred heavy financial problems and hence they could not repay the
loan amount properly and hence the repayment was little bit irregular. The 2 nd
Asset (NPA) without following the RBI guidelines and proceeded under
SARFAESI Act.
4. It is submitted that thereafter the 1st defendant claime/d that they have issued a
of Act. The defendants are put to strict proof of service of demand notice to
5. It is submitted that the 1st defendant went on further and affixed a Possession
6. It is submitted that the 1st defendant issued a Sale Notice dated 28.02.2024
Tribunal by its Order dated 26.03.2024 was pleased to grant interim stay
to heavy medical expenditure for the applicant and her husband, the applicant
could not comply the conditional order imposed by this Hon'ble Tribunal.
'
4
Hence the 1st defendant issued yet another sale notice dated 24.05.2024 fixing
the E Auction sale on 12.06.2024. Hence the applicant prefers the present
challenging the Sale Notice dated 24.05.2024 before this Hon'ble Tribunal for
GROUNDS OF APPLICATION
1. The impugned Sale Notice dated 24.05.2024 and the entire measures initiated
under the SARPAESI Act by the 1 st Defendant are arbitrary, illegal, and
Rules.
and Enforcement of Security Interest Act, 2002 and security interest rules.
Asset (NPA). The defendants have not followed the Reserve Bank of India
4. The 1st defendant is put to strict proof of service of demand notice to all the
parties concerned. The applicant and her husband was not served with the
newspapers having vide circulations within the statutory period and failed to
serve the same to all the parties concerned and failed to serve the possession
notice through electronic modes to all the parties concerned. Further the
person who has issued the possession notice is not an Authorized Officer as
and her husband in various prefilled forms and blank papers and the applicant
and her husband were kept in dark all these days for what purpose it would be
5
used for. Therefore the applicant doubt that the above signed documents
7. The 1st defendant failed to serve 30 days of sale notice to the applicant and all
parties concerned. Further the 1st defendant failed to affix the sale notice in the
outer side of the schedule property and failed to publish the same in two
leading newspapers and failed to update the sale notice and the terms and
conditions of the sale in the bank's official website as per the rules. Further the
person who has issued the sale notice is not an authorized officer as.
8. The defendants have classified the account as NPA, issued demand notice,
possession notice and sale notice without considering the global problem,
impact and the loss caused by the spread of Covid-19 pandemic and the
authorities and the various circulars issued by Reserve Bank of India and
pandemic.
9. The Defendants have undervalued the properties and brought the same for sale
which is against principles of natural justice. The 1st defendant before bringing
the properties for sale should obtain fresh valuation as per the rules and the
said valuation should be the best price in order to fetch higher price. But in the
present case the 1st defendant failed to obtain fresh valuation and failed to fix
best reserve price. Therefore the bank has committed under valuation.
10. The bank has committed excess execution by bringing the entire property for
11. The Applicant further alleges that the defendant bank has not furnished the
are not reflected. Hence the Defendant bank has to be directed to produce/
12. The Applicant submits that the Defendants have failed to register the alleged
SARFAESI Act.
13. In the schedule property tenants are residing and hence their interest has to be
14. The defendants has charged excessive rate of interest than the agreed _rate of ,,
interest. The defendants have charged interest to the loan account during the
15. It is submitted that the authorized officer is a quasi judicial authority under the
Act and hence the authorized officer must be from some other branch and not
from the same branch having the loan account. The authorized officer has
been vested with enormous powers under the SARFAESI Act and hence he
must take due care and follow all the procedures contemplated under the Act
16. The Applicant reserves her right to raise any additional grounds, if they come
of Security Interest Act, 2002 ending up with issued Sale Notice dated
24.05.2024 against the applicant and the schedule of property on the file of
iv) To pass such further or other orders that may deem fit and proper in the
Hon'ble Tribunal the Applicant prays that this Hon'ble Tribunal may be pleased to
Interest Act, 2002 ending up with issued Sale Notice dated 24.05.2024 on the file of
been preferred is not pending before any other court of law or any other authority or
4. Receipt Amount
X. DETAILS OF INDEX:
An Index containing the details of the list of Documents to be relieved upon is
enclosed herewith.
Old Ward No.11, New Ward B, T.S.No.1826/1, Ac 0.11 cents, T.S.No.1844 Ac. 0.58
cents, T.S.No.1825, Ac 0.13 cents total Ac cents (35,000 Sq.ft) in this excluding area
gifted to the Municipal Corporation admeasuring on ground 193 feet 9 inches east
8
west on the North 187 feet east west on the south 192 feet 9 inches (6 feet 9 inches+
123 feet 6 inches 62 feet 6 inches) north south on the east and 197 feet north south on
T.S.No.1825, 1826/1 and 1844 part and Thandavan Chettiar's Thope (Now
Property (Now T.S.Nos.1826/2A, 1832, 1833, 1834/1 and 1835) on the South by
T.S.No.1843, 1841/1 and 2, 1840/2, and 1839 and on the west by Veereswaram Road
SCHEDULE-B
1.88% equivalent in value to 600 Sq.ft (55.74 Sq.mtrs) with a residential flat house
building bearing Flat No.3 in the ground floor with super plinth area of 1200 Sq.ft in
schedule property above with electric service connection, meter, meter deposit,
underground drainage connection and its deposit together with proportionate rights and ;>
interest in all common passages, pathways and amenities provided thereto and
undivided share in over head tank, electric meter, septic tank, one lift corporation
VERIFICATION
the applicant herein do hereby verify and declare that the contents of paragraphs 1 to
11 are true to my personal knowledge and belief and that I have not suppressed any
material facts.
PARTNER
N.Shanthi
COUNSEL FOR APPLICANT APPLICANT
BEFORE THE DEBTS RECOVERY TRIBUNAL AT MADURAI
S.A. No. of 2024
In the matter of
Mrs.N.Shanthi ... Applicant
-Vs-
The Authorized Officer,
Indian Bank
And Another ... Defendants
SI.
Date Documents/ Annexure Page No
No.
It is certified that the above documents contained in the above typed set/
PARTNER
litf!t
".".;;6 0006-
ForVASTLAW ASSOCIATES
,
For VASTLAW ASSOCIATES
For VASTI.AW ASSOCIATES
ER
Th\s Anne ure \s tho True Copy
of the Original Document
PARTNER
1c;ts•1.
'
cf
Ld. Counsel for the Applicants submitted that the SA is challenging the
e-auction Sale Notice dated 28.02.2024 issued by the Respondent Bank,
fixing the e-auction sale on 30.03.2024, for the recovery of a sum of
Rs.38,51,012/- by the bank.
The Ld. Counsel for the Applicant submitted that the Applicant availed
Housing loan facilities from the Respondent Bank by mortgaging the
schedule mentioned properties as a collateral security for the loan
facilities availed. The Applicant is regular in repayment of EMis.
However, due to COVID-19 pandemic and heavy financial problems, they
could not repay the loan and hence, the loan account was classified as
NPA. Thereafter, the Respondent Bank issued a Demand Notice u/s.13
(2) of the SARFAESI Act dated 12.05.2023 and also issued Possession
Notice dated 12.12.2023 u/ s.13 (4) of the SARFAESI Act.
Ld. Counsel for the Applicant further submitted that the Applicant
approached the Respondent bank and requested for extension of time to
settle the loan account dues, but the Respondent Bank did not consider
their request, initiated action under the SARFAESI Act. The Respondent
Bank had not followed the Rules and guidelines of RBI & the procedures
of SARFAESI Act. Thereafter, the Respondent Bank issued the Sale
Notice dated 28.02.2024, fixing thee-auction sale on 30.03.2024 and the
same is challenged in the present SA.
The Ld. Counsel for the Applicant further submitted that the properties
are undervalued and the reserve price fixed is very low and hence, the
,
Applicant is required to safeguard the secured dwelling house and if the
K
PARTNER
secured property is sold by the Respondent Bank, it shall be highly
prejudice, hardship and much loss to the Applicant. Therefore, if this
Hon'ble Tribunal is granting certain period of time, the Applicant is
willing to deposit a reasonable amount as pre-condition so as to protect
the secured asset. Hence, the prayer of the Applicant may be considered
favorably by this Hon'ble Tribunal.
Ld. Counsel for the Respondent Bank submitted that the Bank has to
recover the dues from the Applicant and there is no payment is made by
the Applicant after the issuance of notice under section 13 (2) & 13 (4) of
the SARFAESI Act and there is no violation of the Rules and Guidelines
of RBI and Procedures contemplated under the SARFAESI Act. The
present outstanding is about a sum of Rs.38.00 lakhs and hence, the
present sale notice is issued to recover the dues of the Applicant.
Therefore, if any interim order is granted, it shall prejudice the right of
the Respondent Bank in recovering the dues of the Bank. However, if any
interim order is granted a substantial amount may be imposed as a pre
condition by this Hon'ble Tribunal.
- ;:,
f oVrA S T L A W ASSOCIATES
PARTNER
any part of the sum as ordered by this Tribunal, the Respondent Bank
shall be at its liberty to confirm the auction sale, if any, held on the
schedule date of auction without any further reference to this Tribunal.
, ce
For VASTLAW ASSOCIATES
PARTNER
For VASTLAW ASSOCIATES
\---
PARTNER
For VASTLAW ASSOCIATES
--/
PARTNER
\ !)':--..
For VASTLAW ASSOCIATES
PARTNER
'"\"\ ----r' (',----
PARTNER
For VASTLAW ASSOCIATES
PARTNER
:' - ............:.-.-.--
-
BEFORE THE DEBTS RECOVERY TRIBUNAL AT MADURAI ] ,
@) •
5 1
j)
F029 1 0
---
l
S.A.No. of 2024 .1
#
TAMIL NADU ,.ovocATES CLE.RKS-
WELFARE FUND STAMP
_ • ---
: •
i PE. -
Y<,-
I t -
It is submitted that no caveat has been served on the applicant and no caveat is
PARTNER
PARTNER