Debts Recovery Tribunals and Appellate Tribunals

Anju Bobby George vs SOUTH INDIAN BANK on 29 October 2026

IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

R.A(S.A):179/2026

Anju Bobby George V/S South Indian Bank Ltd & anr 29/10/2026

IA 1436/2026 (Urgent)

Learned Counsel for both sides are present.

Learned Counsel for Appellant submits that the 2nd Respondent is trying to create some third-party encumbrance and, thus, seeks an urgent hearing in this matter.

Therefore, urgent application IA 1436/2026 is allowed.

IA 1438/2026 (Stay)

IA 1436/2026 (urgent) is allowed.

Learned Counsel for both sides are present.

This application is filed to stay the impugned order dated 6.8.2026 passed by the Learned Presiding Officer, DRT-II, Kerala at Ernakulam in SA NO. 110 of 2025.

It is submitted that the Securitization Application has been filed mainly on the ground that the security interest created in respect of the property, which is mortgaged, is an agricultural property and, therefore, SARFAESI measures cannot be initiated.

Learned Counsel for the R1 Respondent Bank refuted the claim of the Appellant stating that the property in question is not an agricultural property. Mr. Om Prakash, Learned Senior Counsel appearing for R2, auction purchaser, submitted that there is no intention on the part of the 2 nd Respondent to create any third-party encumbrance. The sale is over, sale certificate issued, and it was also registered.

In view of the submissions of the Learned Counsel appearing for the parties, this appeal may be listed on 10.12.2026 for final hearing.

Sd/-

Chairperson

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