M/ S Farm Solution Trading Private Limited v. State Bank of India and Anr.

Dy. No. 954/2022

(M/s Farm Solution Trading Pvt. Ltd. Vs. State Bank of India and anr.)

Date: 14.12.2022

Shri Azad Khan, holding brief of Shri Alok Rai, Ld. Counsel for the appellant is present and submits certified copy of the impugned order. Defect reconciled. Proper court fee paid.

Neither pre deposit has been made nor Waiver Application has been filed. Ld. Counsel states that the entire amount had been deposited.

The Bank sold the properties through action under the SERFAS&I Act on 09.02.2011.

The Bank had also filed O.A. No. 08/2011 in DRT, Patna in which Recovery Certificate had been issued on 10.05.2012 for an amount of Rs. 78,39,435=68 P. A copy of Recovery Certificate issued by P.O. DRT, Patna in O.A. is available at page No. 39-40 of the instant appeal.

Thereafter, the borrower filed M.A. No. 337/2012 for withdrawal of certificate and return of security document. The M.A. 337/2012 was disposed of by order dated 30.08.2012. The Bank filed M.A. No. 412/2012 for modification of order passed in M.A. 337/2012. The instant appeal has been filed by Borrower for setting aside final order dated 14.10.2022 in M.A. 412/2012. Ld. Counsel states that he will argue before Hon’ble Court.

From para 10 of the order dated 14.10.2022 in the M.A. 412/2012 it is observed that Hon’ble DRAT, Allahabad in Appeal No. R -88/2014 remanded back the M.A. 412/2012 preferred by Bank and M.A. No. 531/2012 preferred by Auction Purchaser vide its order dated 27.03.2018.