IN THE DEBTS RECOVERY TRIBUNAL – III CHENNAI.

S.A.No. of 2025

Mr.Murugan,
S/o.Pachaiyappan,
No.C3/10, TNHB LIG 384 Flats,
134/1, Bharathi Salai,
Ramapuram, Chennai-600 089. …Applicant

-Vs-

1. The Authorised Officer,

State Bank of India,
Centralized Retail Asset
Management Centre (CRAMC),
Local Head Office, 3rd Floor,
No.16, College Lane,
Nungambakkam,
Chennai-600 006.

2. Mrs.K.Leela Lokchana,
W/o.Elangovan,
No.3/70A, Krishna Nagar,
6th Street, Virugambakkam,
Chennai -600 090. …Respondents

APPEAL UNDER SECTION 17(1) r/w. SECTION 17(4) OF THE

SECURITISATION AND RECONSTRUCTION OF FINANCIAL
AEESATS AND ENFORSMENT OF SECURITY INTEREST ACT 2002.

I. PARTICULARS OF APPLICANTS:

1. Name of the Applicant/Tenant: Mr.Murugan,

S/o.Pachaiyappan,
No.C3/10, TNHB LIG 384 Flats,
134/1, Bharathi Salai,
Ramapuram, Chennai-600 089.

2. Address for Service of notice: M/s.KAMALIGHA SENGUTTUVAN

B.GOPALAKRISHNAN
& M.PUGAZHENDHI
Advocates,
 No.8, Patro Tower Apartment,
A.P. Patro Salai, K.K.Nagar,
Chennai-600 078.

II. PARTICULARS OF RESPONDENTS:

1. Name of the Respondents : 1. The Authorised Officer,

State Bank of India,
Centralized Retail Asset
Management Centre(CRAMC),
Local Head Office, 3rd Floor,
No.16, College Lane,
Nungambakkam,
Chennai-600 006.

2. Mrs.K.Leela Lokchana,
W/o.Elangovan,
No.3/70A, Krishna Nagar,
6th Street, Virugambakkam,
Chennai -600 090.

2. Office Address of the Respondents : As stated above.

3. Address for service of all Notices : As stated above.

III. JURISDICTION OF THE TRIBUNAL:

The Applicant declares that the respondent had obtained the

order dated ……………. in Crl.M.P.No……………… passed by
Hon’ble ……………………… taking physical possession of the
Schedule Property situated at Third floor Flat No. C3/10,
Constructed in Survey No.134/1 in the sub-District of
Saidapet as per the sanctioned plan of the Ramapuram 384
LIG Scheme under self Finance Scheme with plinth area
measuring 0570 Square feet of block within the jurisdiction of
this Hon’ble Tribunal and as such the above Application is
filed before this Hon’ble Tribunal.
IV. LIMITATION:

The applicant declares that, the impugned order under section

14 was passed on …………….. in Crl.M.P.No………………. by
Hon’ble ………………………. and the Applicant came to the
knowledge of the orders passed by the Learned Chief
Metropolitan Magistrate Court, Egmore only on …………..
when the advocate Commissioner had affixed the notice dated
………….. without the case number in the notice.. The
applicant immediately verified with the CMM Court at
Egmore, Chennai and downloaded the order copy on
…………….. The Appeal/Application is within 45 days from the
date of knowledge of the order of Chief Metropolitan
Magistrate, Egmore, Chennai.

V. LOCUS OF THE APPLICANT:-

i. The applicant states that he is the Lessee/Tenant from

2020 until now in the schedule property mentioned of the
owner being the 2nd respondent. The 1st respondent
obtained order from Chief Metropolitan Magistrate,
Egmore, Chennai under Sec.14 of SARFAESI Act
suppressing the fact of the Lease tenancy. Therefore, the
Applicant is entitled to file the present application.

ii. Whether the applicant is a lessee/ tenants: Lessee

iii. If the applicant is a Tenant furnish the following details.

Date of Lease Deed/ Agreement of Tenancy From 2020 onwards

Whether the lease deed / Agreement of No- Unregistered
Tenancy is Registered
Detail of Registration / name of the SRO, Not Applicable
Doc.No. to be furnished
Amount of Rent under the Lease deed / Rs.7,00,000/-
Agreement of Tenancy
Period of Lease / Tenancy From 2020 to
14.02.2024
Whether Permission of Secured creditor taken. No – Lease prior to
mortgage
Date of Expiry of Lease/ Agreement of Rent In Continuation.
Whether Lease / Tenancy renewed -
Copy of Lease Deed / Agreement of Tenancy Yes

VI. FACTS OF THE CASE:

5.1. The Applicant submits that the 2nd respondent is the owner of

the schedule property the applicant had approached the 2 nd

respondent in the year of 2020 for lease the third floor of the

schedule property. The 2nd respondent agreed to lease out the

third floor of the schedule property to the applicant and had

entered the lease agreement in the year 2020 with the 2 nd

respondent for a period of 11 months and the said agreement

has been mutually extended between the applicant and 2 nd

respondent till date.

5.2. The Applicant state that as per Lease agreement, the applicant

had paid Rs.7,00,000/- as lease amount for the period of 11

months with the 2nd respondent. The applicant is the

continuing tenant of the 2nd respondent ever since 2020 to till

date.
5.3. The applicant state that all of a Sudden the Advocate

commissioner had visited the applicant’s house and informed

that he was appointed by the Chief Metropolitan Magistrate

Court, Egmore for taking physical possession of the schedule

property owned by the 2nd respondent for the loan availed by

her from the 1st respondent. Immediately, the applicant

through his counsel perused the records before the CMM

court at Egmore Chennai and found that the order impugned

herein has been passed on passed on …………… in Crl.M.P.No.

…………….. by Hon’ble CMM, Egmore, Chennai and

immediately had obtained the order copy from website on

……………... The copy of the order filed herewith.

5.4. The Applicant submit that she is a bonafide tenant of the 2nd

respondent and the 1st respondent had obtained the said CMM

order and prepared to take possession of the property without

informing about the applicant, the lessee/tenant who is

dwelling in the said premises. The 1st respondent invoked the

provision of SARFAESI Act without following the mandatory

provisions of the Act and also even without giving a reasonable

opportunity to put forth their defense. The act of the 1st

respondent is much against the well laid principles of natural

justice.
5.5. The applicant submit that the 1st respondent had not followed

the procedure laid down by the act for taking physical

possession from the CMM, Egmore, Chennai since the 1st

respondent failed to disclose the fact that tenancy is residing

in the schedule property before the CMM, Egmore, Chennai

and obtained eviction order on ………….. and appointed

advocate commissioner which is against the principles of

natural justice. The 1st respondent has not disclosed the

tenancy before the CMM, Chennai that the applicant has

entered lease agreement with the 2nd respondent of the

schedule property without knowing the mortgage deed.

5.6. The applicant state that the activities of the 1st respondent

Bank would show that they are trying to grab the property

illegally and sell away schedule property. The schedule

mentioned property is the dwelling house and if the 1st

respondent Bank is permitted to proceed further, the applicant

will be dispossessed from the dwelling house who is a bonafide

tenant of the 2nd respondent. The applicant submit that the

above said action of the respondent is unsustainable in law

and on facts and the same is nothing but violation of the basic

fundamental rights guaranteed under article 300A of

Constitution of India.
 5.6. The applicant state that the advocate commissioner has not

informed anyone earlier to take physical possession of the

schedule property in which the applicant is the possession of

the said premises and if the advocate commissioner is

permitted to execute the warrant issued by the CMM, Egmore,

Chennai, the applicant will be dispossessed of the dwelling

house property. The applicant aggrieved by the order dated

………….. in Crl.M.P.No…………………. passed by CMM,

Egmore, Chennai under sec. 14 application filed by the 1st

respondent, the applicant herein prefers this application on

following among other grounds.

GROUNDS

i. The proceeding initiated by the 1st respondent is in violation of

tenancy rights and against the principles of Natural Justice.

ii. This impugned order dated ……………….. in

Crl.M.P.No…………….. passed by CMM, Egmore, Chennai has

no legal legs to stand since the 1st respondent has suppressed

the facts of tenancy prior to mortgage from the CMM, Egmore,

Chennai for obtaining this order illegally.

iii. The Applicant as a lessee in possession of the property till date

cannot be restricted by the mere SARFAESI Proceedings of the

1st respondent.
iv. The 1st respondent failed to consider that the property is a

dwelling house of the applicant and the 1st respondent cannot

dispossess the applicant from her dwelling house without due

process of law.

v. The 1st Respondent bank has not complied with any of the

mandatory provisions as contemplated under the SARFEASI Act

and also violated section 14(i) to 14(viii) and sworn a false

affidavit before the Learned CMM, Egmore ,Chennai and the

impugned order is liable to be set-aside for non- compliance of

procedures contemplated under the Sarfaesi Act, especially

Section 14(i) – 14(viii).

vi. The 1st respondent has failed to inform the tenancy in the the

schedule property before approaching the CMM. This ground is

sufficient that the impugned order is liable to be set aside.

vii. The 1st respondent failed to consider that the applicant had

entered the lease agreement with the 2nd respondent prior to the

creation of mortgage.

viii. The 1st respondent failed to inform about the CMM order to the

applicant who is a bonafide tenant till date in the schedule

property and the 1st respondent has not approached the Hon’ble

CMM with clean hands and the same disentitles the respondent

from seeking any further relief.

 ix. The 1st respondent failed to consider that the applicant in

continous possession of the schedule property even before

creation of mortgage by the 2nd respondent.

x. The 1st respondent failed to consider that the applicant is the

tenant of the 2nd respondent and she cannot be evicted without

due process of law.

xi. The 1st respondent failed to consider that the applicant is still in

possession of the schedule property and without notice to the

applicant, they should not execute the warrant with the

Advocate Commissioner.

xii. The 1st respondent with an intention to obtain unlawful gain

from the 2nd respondent seems to have obtained the impugned

eviction order from the CMM, Egmore. Chennai.

xiii. The Applicant reserves his right to raise Additional Grounds of

Appeal as and when the same becomes necessary.

VII. CAUSE OF ACTION

The cause of Action arose at Chennai where the applicant is 3 rd

party tenant and she was informed by the Advocate Commissioner

vide letter dated …………… that he was appointed as Advocate

Commissioner by the CMM Emgore, Chennai vide order dated

………….. in Crl.M.P.No……………… filed by the 1st respondent

under Sec. 14 of SARFAESI Act, to take physical possession of the

Schedule property, the applicant has downloaded the said order on

…………. and the present application is filed within time from the

date of knowledge of the applicant.

VIII. RELIEF SOUGHT:

In view of the facts mentioned in Para No. V above the applicant

prays that this Hon’ble Tribunal may be pleased to

I. To set aside the measures of the 1st respondent pursuant to

the order dated …………… in Crl.M.P.No……………… passed

by Hon’ble CMM, Egmore, Chennai to take physical

possession of the schedule property by the Advocate

commissioner,

II. To restore the possession of the property to the Applicant

forthwith.

III. To pay the compensation as contemplated under section 19

IV. award cost, and also direct the respondent to furnish the

statement of account, and pass such further or other orders

that this Hon’ble Tribunal may deem fit in the circumstances

of the case and thus render justice.

IX. INTERIM RELIEF SOUGHT:

Pending final decision in the Appeal the appellant prays that

this Hon’ble Tribunal may be pleased to stay all further

SARFAESI proceedings pursuance to the order dated ………..

in Crl.M.P.No……………… passed by Hon’ble CMM, Egmore,

 Chennai to take physical possession of the schedule property

by the Advocate commissioner till the disposal of the appeal

and thus render justice.

X. PENDENCY OF THE MATTERS IN ANY OTHER COURT :

The Applicant declares that the matter regarding which this

application has been made is not pending before any court of

law or any other authority or any tribunal.

XI. PARTICULARS OF BANK DRAFT POSTAL ORDER IN RESPECT

OF FEE PAID IN TREM OF THE RULE 8:

VALUE OF THE APPEAL

1. Name of the Bank on which drawn :

2. T.R.No.. :

3. Date of payment & Amount :

XII. DETAILS OF INDEX:-

An index in duplicate containing the details of the documents to be

relied upon is enclosed.

XIII.LIST OF DOCUMENTS.

Referred in the Index.

 VERIFICATION.

I, Murugan, S/o.Pachaiyappan, aged about 35 years, residing at

No.C3/10, TNHB LIG 384 Flats, 134/1, Bharathi Salai,
Ramapuram, Chennai-600 089, do here by verify that the contents
made in the above paras I to XIII are true to my personal knowledge
and belief and we have not suppressed any material facts in this
regard.

Dated at Chennai on this day of April, 2025.

COUNSEL FOR APPLICANT APPLICANT

SCHEDULE OF PROPERTY

All that piece and partition of the Third floor Flat No. C3/10,

Constructed in Survey No.134/1 in the sub-District of Saidapet as

per the sanctioned plan of the Ramapuram 384 LIG Scheme under

self Finance Scheme with plinth area measuring 0570 Square feet of

block on the wing bounded as follows:

On the North by : STAIRCASE – II

On the East by : 3.0m DRIVE WAY

On the South : OTS & FLAT No.C-3/9

On the West by : COMMON CORRIDOR

And the flat No.C-3/10 on the IIIrd Floor.

 VERIFICATION

I, Murugan, S/o.Pachaiyappan, aged about 35 years, residing

at No.C3/10, TNHB LIG 384 Flats, 134/1, Bharathi Salai,

Ramapuram, Chennai-600 089, do here by verify that the contents

made in the above Schedule is true to my personal knowledge and

belief and we have not suppressed any material facts in this regard.

Chennai on this day of April, 2025

COUNSEL FOR APPLICANT APPLICANT

To:-

The Registrar
Debts Recovery Tribunal - II,
Chennai
 IN THE DEBTS RECOVERY TRIBUNAL – III CHENNAI.

S.A.No. of 2025
1.

Mr.Murugan,
S/o.Pachaiyappan,
No.C3/10, TNHB LIG 384 Flats,
134/1, Bharathi Salai,
Ramapuram, Chennai-600 089. …Applicant

-Vs-

1. The Authorised Officer,

State Bank of India,
Centralized Retail Asset
Management Centre (CRAMC),
Local Head Office, 3rd Floor,
No.16, College Lane,
Nungambakkam,
Chennai-600 006.
And another. …Respondents

INDEX OF TYPED SET FILED BY THE APPELLANT

Sl.No. DATE DESCRIPTION OF DOCUMENTS Page No.

1. ..04.2025 Appeal Grounds

2. 14.02.2020 Lease amount transaction

Rs.6,50,000/- (HDFC Bank)

3. 01.04.2022 Lease agreement

4. 18.07.2023 Death certificate of Plaintiff’s

Wife

5. 03.09.2023 Receipt in CSR No.472/2023

6. 10.10.2023 Legal notice

7. 28.02.2024 Legal notice

8. 22.11.2024 State Bank India notice under
3(2) of SARFAESI Act

9. 31.01.2025 State Bank India notice under

3(4) of SARFAESI Act

10. -- Gas bills of the applicant

11. -- Impugned order in Crl.M.P.

No………… of 2025

12. -- Adhaar card of the Applicant

13. -- Vakalath

Certified that the documents filed in the above typed set are true
copies of their respective originals.

Dated at Chennai on this the day of April, 2025

COUNSEL FOR APPLICANT

 IN THE DEBTS RECOVERY TRIBUNAL – III CHENNAI.

S.A.No. of 2025

Mr.Murugan,
S/o.Pachaiyappan,
No.C3/10, TNHB LIG 384 Flats,
134/1, Bharathi Salai,
Ramapuram, Chennai-600 089. …Applicant

-Vs-

1. The Authorised Officer,

State Bank of India,
Centralized Retail Asset
Management Centre (CRAMC),
Local Head Office, 3rd Floor,
No.16, College Lane,
Nungambakkam,
Chennai-600 006.

2. Mrs.K.Leela Lokchana,
W/o.Elangovan,
No.3/70A, Krishna Nagar,
6th Street, Virugambakkam,
Chennai -600 090. …Respondents

APPEAL UNDER SECTION 17 (1) R/w. SECTION17 (4) OF THE

SECURITISATION AND RECONSTRUCTION OF FINANCIAL
AEESATS AND ENFORSMENT OF SECURITY INTEREST ACT 2002.

COUNSEL FOR APPLICANT

 IN THE DEBTS RECOVERY TRIBUNAL – III CHENNAI.

S.A.No. of 2025

Mr.Murugan,
S/o.Pachaiyappan. …Applicant
-Vs-

1. The Authorised Officer,

State Bank of India,
And another. …Respondents

VAKALATH

I, Murugan, S/o.Pachaiyappan, aged about years, the

above applicant do here by appoint and retain M/s.KAMALIGHA
SENGUTTUVAN, B.GOPALAKRISHNAN & M.PUGAZHENDHI
Advocates as my/our counsel to appear me/us in the above
Appellant / Defendants, and on my/our behalf to conduct and
prosecute (or defend) the same and all proceedings that may be
taken in respect of any application for execution of any decree or
order passed therein. I empower my counsel in all miscellaneous
proceedings in the above suit or matter till all decree or orders are
fully satisfied or adjusted and in all appeals thereto whether in suit,
interlocutory applications, execution and applications in execution
till they are finally disposed of in this court and to obtains return of
documents and draw money that might be payable to me in the suit
or matter. He is/they are also authorized to depute the other counsel
to act on his/their behalf.

Executed before me this day of April, 2025

I certify that the contents of this :

vakalat were read our and explained :
in my presence to the executant who :
ppeared perfectly to understand the :
same made his/her their signature :
presence. :

Counsel for Applicant

The Address for service of the said Advocates is:

No.8, Patro Tower Apartment, A.P. Patro Salai, K.K.Nagar, Chennai-78