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  • Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act),
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  • Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act),
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    SUKHJINDER SINGH v. ASSET CARE AND RECONSTRUCTION ENTERPRISE LIMITED

    DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

    SA/375/2024 SUKHJINDER SINGH & ANOTHER

    Vs ASSET CARE AND RECONSTRUCTION ENTERPRISE LIMITED

    06.11.2024 Item No.18 Present: Sh. SK Dahiya, Counsel for the Applicants. None for the respondent.

    Heard on SA No. 375 of 2024

    Sukhjinder Singh and another (Applicants) have filed this

    Securitization Application under Section 17 of the Securitization and

    Reconstruction of Financial Assets and Enforcement of Security Interest

    Act, 2002 (SARFAESI Act), against Asset Care and Reconstruction

    Enterprises Limited (Respondent).

    Vide sanction letter dated 11.08.2017, Respondent had sanctioned

    the loan of Rs.61,02,640/- to the applicants. To secure the loan,

    Applicants had created security interest in respect of property bearing No.

    AV65 in Jheeta Kalan Abadi, Near Best Price, Amritsar, total area

    measuring 251.06 sq. yards. The loan was repayable in equal monthly

    installments of Rs. 61,897/-, over a period of 15 years. As per the

    Applicants, they had made some payments and approached the

    Respondent for OTS. However, Respondent did not reply to the same.

    Applicants have alleged that they were never served with the notice under

    Section 13(2) of the SARFAESI Act and straightaway passed the order

    under Section 14 of the SARFAESI Act and served upon them.

    Accordingly, it is submitted that the SARFAESI proceedings initiated by

    the Respondent be quashed.

    Notice of the SA was given to the respondent. However, despite

    service nobody has put in appearance on behalf of the respondent and

    respondent was proceeded ex parte on 03.10.2024.

    There is no material on the record that the applicants were served

    with the notice under Section 13(2) of the SARFAESI Act. The material

    produced on record by the applicants has gone unrebutted. Accordingly, I

    hereby set aside the SARFAESI action initiated by the Respondent and the

    present SA stands disposed of.

    File be consigned to the record room after due compliance.

    (A S Narang) Presiding Officer

    Pronounced in open court. DRT-I, Chandigarh MANOJ

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    SUKHJINDER SINGH v. ASSET CARE AND RECONSTRUCTION ENTERPRISE LIMITED
    (Nov 6, 2024)