Debts Recovery Tribunals and Appellate Tribunals

Sri Udayagiri Bala Ravi Devaraj vs CATHOLIC SYRIAN BANK LIMITED on 6 May 2026

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IN THE DEBTS RECOVERY TRIBUNAL

VISAKHAPATNAM

Present :- SHRI KRISHNA GOPAL DWIVEDI,

PRESIDING OFFICER

Dated 06<sup>th</sup> May, 2026

MA 77 of 2024 in SA No. 245 of 2019

Between

Sri Udayagiri Bala Ravi Devaraj

..... Petitioner/Applicant

And

1. 1. The Authorised Officer, The Catholic Syrian Bank Ltd, situated at Anna Salai, Chennai- 600 006, Tamilnadu

2. 2. The Branch Manager, The Catholic Syrian Bank Ltd, Arundalpet, Main Road, Guntur

3. 3. Smt. Pothuraju Samatha

..... Respondents

<table><tbody><tr><td>Ld Counsel for Petitioner</td><td>-</td><td>Shri D.N. Murthy</td></tr><tr><td>Ld. Counsel for Respondent 1&amp;2</td><td>-</td><td>Shri M.S.Venkatesh</td></tr><tr><td>Ld. Counsel for Respondent No.3</td><td>-</td><td>Shri P. Ravindra Babu</td></tr></tbody></table>

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**ORDER**

In the above MA the applicant has prayed to send the copy of the order passed in S.A.No. 245/2019 to the Sub-Registrar, Guntur for noting the cancellation of the Sale Certificate bearing Doc.No. 5862/2019, dt. 01.07.2019, executed in favour of the 3<sup>rd</sup> Respondent regarding the schedule mentioned property, in order to note the cancellation on the said document in the books of Sub-Registrar, Guntur, about the fact of its cancellation in the interest of justice.

As per MA this Tribunal allowed the SA 245/2019 on merits and set aside the sale conducted on 15.06.2019. Sale certificate is cancelled by this Tribunal and same has been informed to the Registrar to Register the instrument.

In counter dt. 24.02.2026 the 1<sup>st</sup> respondent has prayed that the applicant has filed IA at a belated stage, As such no order can be passed, which affects the interest of the Respondent. As per counter the 1<sup>st</sup>

Respondent conducted auction of the schedule property on 15.06.2019 and issued sale certificate on 01.07.2019 and registered the same on 01.07.2019. As per counter the applicant could not pray the above prayer under SARFAESI Act.

Respondent No.3 has filed reply on 07.0.2025. This Respondent has prayed that the Respondent has filed appeal before Hon'ble DRAT at Kolkata in Appeal No. 443/2024 which is pending . As per counter this Respondent is a bonafied purchaser of the schedule property. As per counter this Tribunal has not cancelled the sale deed.

I also perused the order dt. 20.06.2023 passed in SA.No. 245/2019. Vide para No. 10 it is clear that SA is allowed on contest with costs. Meaning thereby auction conducted on 15.06.2019 is set aside and also confirmation of sale and sale certificate is also set aside. Since sale is set aside Hence it is duty of the Respondent bank to comply the order and send copy of this order to the Sub Registrar Officer for cancellation of the sale deed. After perusal of the counter filed by the 3<sup>rd</sup> Respondent I find that the 3<sup>rd</sup> Respondent has filed appeal against the order of this Tribunal. Any stay order is not passed by Hon'ble Chair Person, DRAT at Kolkata.

On the basis of above discussion I direct the Respondent bank to send order to sub Registrar office to comply the order and endorse the order of SA in Registration number and if any order will come by the Hon'ble DRAT then the Respondent bank at once inform also the same to the Sub Registrar office and that order will also be endorsed in the Sub-Registrar Office as per Rule.

Accordingly MA 77/2024 is hereby disposed off.

(Dictated to Steno, transcribed by her, corrected and pronounced by me in the open court on this 06<sup>th</sup> day of May, 2026)

PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM

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