SHIVANNA S. M. Vs. CANARA BANK

JUDGEMENT

(1.) The petitioner challenges the sale certificate dtd. 3/9/2024 issued by the respondent No.1-Bank, and challenging the very same sale certificate, the petitioner had approached the Debt Recovery Tribunal ( for short 'DRT') under Sec. 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act, 2002'). The DRT by order dtd. 30/10/2024 dismissed the petition and confirmed the sale certificate issued in favour of the auction purchaser.

(2.) Against the order passed under Sec. 17 of the Securitization and Reconstruction and Financial Institutions Act, 2002, equally an efficacious remedy of appeal is provided to the Debt Recovery Appellate Tribunal under Sec. 18 of the SARFAESI Act, 2002.

(3.) Therefore, the petition is disposed of reserving liberty to the petitioner to challenge the order passed by the DRT under Sec. 18 of the SARFAESI Act, 2002.