Debts Recovery Tribunals and Appellate Tribunals

T K VISWAN vs THE FEDERAL BANK LTD on 6 November 2026

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

M.A:110/2010

T.K. Viswan and another V/S The Federal Bank 06/11/2026

M/s. Deepa Harigoving, Advocate filed Vakalat for R1 Bank.

This Appeal is taken up today in pursuance of the direction of the Hon’ble High Court of Kerala at Ernakulam in OP (DRT) No.132/2015. This OP (DRT) No.132/2015 has been filed against the order passed in MA 110/2010, which was filed against the order passed in Appeal No.21/2006 by DRT, Ernakulam.

The Appeal No.21/2006 was filed by the Certificate Debtors aggrieved against the order of Recovery Officer dated 12.10.2006 in knocking down sale of the property described in ‘A’ Schedule in favour of the Respondent No.2 therein. On dismissal of the Appeal No.21/2006 by the Learned Presiding Officer, MA 110/2010 had been filed.

This Tribunal dismissed MA 110/2010 on 08.09.2015. Therefore, OP (DRT) No.132/2015 was filed before the Hon’ble High Court of Kerala. While disposing of OP (DRT) No.132/2015, the Hon’ble High Court has observed regarding the order passed in MA 110/2010 that (i) the question as to whether the adjournment of sale from 11.10.2006 to 12.10.2006 was valid, has not been considered by this Tribunal, and (2) when the petitioners had raised a contention that the auction purchaser had not deposited the entire amount payable by him within time, this Tribunal appears to have referred to the provisions of the SARFAESI Act to hold that such extension of time was possible in law. The provisions of the SARFAESI Act cannot be applied to the proceedings before the Recovery Officer, where proceedings for recovery are to be conducted strictly in accordance with the provisions of the II Schedule to the Income-tax Act.”

On these reasons, the order passed by this Tribunal in MA 110/2010 was quashed with a direction to dispose of the Appeal within six months from the date of receipt of the certified copy of this order.

Office informed that this order was not received by this Tribunal. Only when the Auction Purchaser filed a Memo on 28.10.2026 along with the copy of the order in OP (DRT) No.132/2015, the Registry of this Tribunal came to know about this order. Accordingly this Appeal is taken up.

The perusal of the typeset of papers shows that the impugned sale notice is not produced by the Appellants.

As the Learned Counsel for the parties are not ready today and seek adjournment, post the case on 10.11.2026. Sd/-

Chairperson

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