2012 (8) TMI 1105

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..... nk praying to issue a Writ of Certiorari calling for the records relating to RA(SA)No.62/2010 on the file of Debts Recovery Appellate Tribunal, Chennai and to quash the said proceedings as the same are not maintainable and to declare the action of the said Tribunal in entertaining of such appeal without fulfilling the conditions mandated in the provisions of Section 18 of the SARFAESI Act, 2002 an .....

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..... r under appeal. Therefore, we do not find any reason to hold that the remand order so passed by the appellate Tribunal can be treated to be bad in law. On the contrary, we find that the appellate Tribunal has power to pass such orders thereon as it thinks fit would also cover to remand the matter before the Debts Recovery Tribunal, Hyderabad. Accordingly, we do not find that there is any force i .....

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..... that would be subject to the mortgage already created by the borrower in favour of the Bank and therefore cannot curtail the rights of the banks in any manner whatsoever. Therefore, such contention to declare such an agreement of sale as null and void also is not tenable. We further find that the appellate Tribunal has found that the Debts Recovery Tribunal had not considered merits, hence rema .....

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