Debts Recovery Tribunals and Appellate Tribunals
Indian Bank vs Salim N A and Another on 8 September 2026
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
R.A(S.A):74/2013
A.O., Indian Bank V/S Salim N.A. & anr
08/09/2026
Learned Counsel for the Appellant Bank and R1 are present. No representation for R2.
This matter is taken up for fresh hearing on the orders dated 25.3.2026 of the Hon’ble High Court of Kerala at Ernakulam in OP (DRT) No. 110 of 2019. As per this order of the Hon’ble High Court of Kerala at Ernakulam, it can be seen that the Petitioner (borrower) filed WP (C) No. 3565 of 2010 before the Hon’ble High Court of Kerala at Ernakulam challenging the sale conducted by the 1st Respondent Bank. When it was informed by the 1st Respondent Bank before the Hon’ble High Court of Kerala at Ernakulam that the sale had been held and confirmed in favour of the 2nd Respondent, as per the proceedings dated 2.2.2010, the Petitioner filed SA No.253 of 2010 before DRT, Kerala at Ernakulam on 24.3.2010 and then withdrew WP (C) No. 3565 of 2010 on 25.3.2010.
The DRT, Kerala at Ernakulam allowed SA No. 253 of 2010 on 8.10.2012. In an appeal filed by the Bank in RA (SA) 74 of 2013 before this Tribunal, challenging the order dated 8.10.2012 passed in SA No. 253 of 2010 by the Learned Presiding Officer, DRT, Ernakulam, an ex-parte order was passed on 2.9.2013 setting aside the order dated 8.10.2012 passed in SA 253 of 2010. Against this order of the Appellate Tribunal, Chennai, the Petitioner (borrower) filed OP (DRT) No.4378 of 2013 before the Hon’ble High Court of Kerala at Ernakulam, and the Hon’ble High Court of Kerala at Ernakulam directed this Tribunal to consider the appeal RA (SA) 74 of 2013 on merits. Then, on 25.3.2019, this Tribunal passed an order setting aside the order dated 8.10.2012 passed in SA 253 of 2010 on various grounds, including the ground of limitation. Against this order, OP (DRT) No. 110 of 2019 was filed by the Petitioner (borrower). The Hon’ble High Court of Kerala at Ernakulam remanded this matter back to DRAT, Chennai, primarily on the ground that DRT, Kerala at Ernakulam has granted benefit of exclusion provided under Section 14 of the Limitation Act to the Petitioner (borrower), whereas the Appellate Tribunal has not given any finding, rather not at all considered the applicability of Section 14 of the Limitation Act, while entertaining the application filed under Section 17 of the SARFAESI Act, 2002. Thus, the order of the Appellate Tribunal was set aside and the matter remitted back to this Tribunal for fresh consideration of RA (SA) 74 of 2013.
Learned Counsel for the Appellant is directed to produce copies of the orders referred in OP (DRT) No. 110 of 2019, and also file a list of dates and events, for further hearing.
Registry is directed to call for original records from DRT, Kerala at Ernakulam in SA No. 253 of 2010, to find out the date of filing of SA No. 253 of 2010 before DRT, Kerala at Ernakulam.
Call on 15.10.2026.
Sd/-
Chairperson