Mrs. D. Radha vs SBM Bank (India) Ltd.

This appeal is filed against the interim order in IA 2859/2025 in SA 836/2025 passed by the learned Presiding Officer, DRT-III, Chennai.

SA 836/2025 was filed to set aside the order passed by the learned Chief Judicial Magistrate, Tiruvallur in Crl.M.P.No. 1580/2025 on 24.06.2025. The main ground taken by the learned counsel for the appellant is that the order under Section 14 of the SARFAESI Act was passed against the dead person, i.e., Bharathkumaran/principal borrower, husband of the petitioner, despite his death was intimated to the Bank.

The order in the waiver application in IA 113/2026 was passed without hearing the respondent-Bank, since there was no representation. Today also, there is representation for the respondent-Bank. While passing orders in the waiver application, this Tribunal recorded that the copy of the e-mail was filed to show the intimation of the death was sent to the e-mail address viz., Karthikeyan.b.@sbmbank.co.in. This Tribunal also recorded that the death intimation e-mail was not sent to Bank ID, but, probably to the staff in the Bank. Thus, it was held that it cannot be taken as the proof of intimation about the death of Bharathkumaran to the respondent-Bank.

Be that as it may, the main SA 836/2025 filed challenging the order passed under Section 14 of the SARFAESI Act is still pending. Therefore, this Tribunal is of the view that the order passed by the learned Presiding Officer, DRT-III, Chennai in IA 2859/2025 in SA 836/2025 can be modified to the effect that instead of paying 25% of the claim amount, appellant is directed to pay 10% of the claim amount to the respondent Bank within a period of one month from today. On such payment, learned Presiding Officer, DRT-III, Chennai, is directed to consider the stay application on merits and in accordance with law. On failure to make such payment, the learned Presiding Officer, DRT-III, Chennai, shall proceed further in accordance with law. Accordingly, this appeal is disposed. Parties are directed to bear their own costs. Pending IAs, if any, shall stand closed. The interim order granted in this appeal is extended for a period of one month from today.