Debts Recovery Tribunals and Appellate Tribunals
MRS THASEEN R vs CANARA BANK on 30 January 2023
**IN THE DEBTS RECOVERY TRIBUNAL AT COIMBATORE**
DATED THIS 30<sup>th</sup> DAY OF JANUARY, 2023
**PRESENT: SHRI. M.P. BALASUBRAMANIAN, M.A., B.L., PRESIDING OFFICER**
**APPEAL No.01 of 2023**
**in**
**SA (NDN) 84 of 2023**
Between
Mrs.Thassen.R,
W/o.Mr.Mohammed Raffi,
Proprietor M/s.Sumaya Impex,
No.7/17, 3<sup>rd</sup> Floor,
Gowtham Park Apartment,
Govt. Arts College Road,
Coimbatore – 641 022.
...
Appellant/Applicant
And
1. The Authorised Officer,
Canara Bank,
ARM B ranch,
R.S.Puram,
Coimbatore – 641 002.
...
Respondent/Respondent
2. The Registrar,
Debts Recovery Tribunal,
Coimbatore.
....
Respondent/.....NIL....
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**ORDER**
1. The Appellant herein preferred an Appeal under Rule 5 (5) of Debts Recovery Tribunal procedure Rules 1993 read with section 17 (7) of the SARFAESI Act.
2. The Appellant, having challenged the Sale Notice dated 21.12.2022 issued by the 1<sup>st</sup> Respondent Bank and filed the [Handwritten signature and stamp area]
2Appeal 01/2023 in SA (NDN) 84/2023
Application SA (NDN) 84/2023 before this Tribunal without enclosing the copy of the notice issued under section 13 (2) & 13 (4) of the SARFAESI Act.
3. The 2<sup>nd</sup> Respondent having considered the Application filed by the Appellant in SA (NDN) 84/2023 and passed an order dated 20.01.2023 under Rule 5 (4) of the Debt Recovery Tribunal Rules 1993 and declined to register the Application on the ground that despite granting time and having failed to produce the copy of notice issued u/s 13 (2) & 13 (4) of the SARFAESI Act by the Appellant. Accordingly, the Application filed by the Appellant in SA (NDN) 84/2023 was declined to register by the Registry of this Tribunal.
4. The Registry having declined to register the Application, the Appellant now preferred this Appeal before this Tribunal.
5. This Tribunal having considered the issue in hand is the view that the Registry has rightly declined to register the Application filed by the Appellant as the Hon'ble High Court of Madras in the case "*R. Jayanthi Vs. Union Bank of India & Ors. MANU/TN/2196/2021*" clearly held that the SARFAESI Application filed u/s 17 of the Act, the Applicant shall enclose the copy of the notice issued u/s 13 (2) & 13 (4) of the SARFAESI Act.
6. The Appellant now contended in this Appeal that the Appellant has been served with the Demand Notice dated 11.08.2017 u/s 13 (2) of the SARFAESI Act by the 1<sup>st</sup> Respondent Bank and the Appellant is now in possession of the Demand Notice and the Possession Notice issued u/s 13 (2) & 13 (4) of the SARFAESI Act respectively and the copy of the said notices are duly enclosed along with the Appeal 01/2023 and hence, prayed for to number the Application filed under section 17 (1) of the SARFAESI Act and take it on file by this Tribunal.
3Appeal 01/2023 in SA (NDN) 84/2023
7. It is the further contention of the Appellant that the Appellant was unable to enclose the Demand Notice & Possession Notice issued by the 1<sup>st</sup> Respondent Bank as the same could not be traced out in so far as the Demand Notice is concerned and where as the Possession Notice was not received by the Appellant from the 1<sup>st</sup> Respondent Bank.
8. This Tribunal having considered the submission made by the Appellant and on perusal of record is the view that the Appellant has not received the Possession Notice and the Demand Notice was issued long back by the 1<sup>st</sup> Respondent Bank cannot be a ground to file an Application u/s 17, (1) of the SARFAESI Act without enclosing the copy of the same as the Hon'ble High Court of Madras having held that the said notice(s) is required to be filed along with the Application by an Applicant u/s 17 (1) of the SARFAESI Act. It is also equally unbelievable that the Appellant has not been issued with Possession Notice by the 1<sup>st</sup> Respondent Bank.
9. While the matter stood at this Point, the Appellant having now produced the copy of the Demand Notice & the Possession Notice before this Tribunal, there may not be any legal impediment to number this SA (NDN) 84/2023 by this Tribunal and therefore, the Registry is directed to number this SA (NDN) 84/2023, and take it on file, if it is found otherwise in order. Accordingly, the order passed by the 2<sup>nd</sup> Respondent is hereby set aside by this Tribunal.
10. A copy of the order be communicated to the Appellant by the Registry of this Tribunal.
**[M.P. BALASUBRAMANIAN]** **PRESIDING OFFICER**