Debts Recovery Tribunals and Appellate Tribunals
SANGEETHA BAFNA vs BANK OF MAHARASHTRA on 7 September 2026
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
M.A(S.A):43/2026
Sangeetha Bafna V/S Bank of Maharashtra & anr 07/09/2026
Learned Counsel for both sides are present.
This appeal is filed against the order passed in IA No. 1223 of 2025 in NDN SA No. 226 of 2025.
IA No. 1223 of 2025 has been filed to condone the delay of 292 days in filing the Securitization Application seeking to set aside the sale certificate dated 12.3.2024, and consequently, the sale deed dated 14.3.2024 executed by the 1st Respondent in favour of the 2nd Respondent. On the dismissal of the Interlocutory Application, and the unregistered Securitization Application on the ground of delay and on merits, this appeal is filed.
Learned Counsel for the Appellant submitted that Appellant is one of the legal heirs of the deceased partner / mortgager of M/s. Star Sands LLP, a partnership firm. Along with the deceased Mrs. Kiran Bai, her son Mr. Manoj Kataria was also one of the partners in M/s. Star Sands LLP. The property offered as security was purchased by Mr. Manoj Kataria on 1.11.2003. He executed a settlement deed in favour of his mother Mrs. Kiran Bai on 10.2.2011 in respect of 97 cents of land, out of a total extent of 2 acres of land. Again, he executed a settlement deed in favour of his sister, the Appellant herein, on 12.8.2016 in respect of 1.70 acres of land. Later, the settlement deed dated 12.8.2016 was cancelled by the Appellant. The Appellant is the daughter of Mrs. Kiran Bai, along with three other siblings, including Mr. Manoj Kataria. Mrs. Kiran Bai died on 29.4.2019.
It is the specific case of the Appellant that the SARFAESI proceedings have been initiated after the death of Mrs. Kiran Bai on 29.4.2019. However, none of the notices under the SARFAESI Act, 2002, starting from the demand notice issued under Section 13(2), possession notice issued under Section 13(4) of the SARFAESI Act, 2002, and sale notice, had been served on the Appellant. Therefore, the Securitization Application was filed with a delay. In view of the non-service of the notices, the delay is justifiable and it ought to have been condoned by the Learned Presiding Officer, DRT-II, Chennai, and the Securitization Application should have been decided on merits.
Learned Counsel for the 1st Respondent Bank submitted that the notices issued under the SARFAESI Act, 2002 had been served to the Appellant to the address given in the legal heir certificate, which address was admitted in the SARFAESI application filed by the Appellant. Therefore, it is not correct to state that the notices under the SARFAESI Act, 2002 had not been served on the Appellant.
Learned Counsel for the Appellant submitted that since the R1 Respondent Bank filed the typed set containing documents only today, he seeks time to verify the documents and respond.
Therefore, post the matter on 7.10.2026 for continuation.
Interim order, if any granted already, is extended till then.
Sd/-
Chairperson