Smt Poonam Gupta v. Bank of India and 2 Ors.
Case brief
What is this about?
On a waiver application in a banking dispute, the tribunal observed that the auction sale purportedly recovered more than the debt shown in the sale proclamation, surpassing 100% of the adjusted dues. Consequently, the waiver application was allowed. The court directed service notices and listed matters for next hearing.
What did the court decide?
Waiver application allowed; notices to respondents issued by Registered Post and Speed Post; appellant to take steps within a week.
Appeal Dy. No. 279/2022 Date: 22.07.2022
Smt. Poonam Gupta Vs. Bank of India & Ors.
Present: Shri Sanjay Kumar Gupta, counsel for the appellant, Shri Arif Iqbal, counsel for the respondent-Bank, Shri Raj Kumar Tiwari, counsel for the respondent-Auction Purchaser,
Learned counsel for the appellant does not want to file any rejoinder to the reply of the respondent-Bank on the waiver application.
Heard the learned counsels for the parties.
Learned counsel for the appellant has referred to the page no. 127 of the memo of appeal, which is sale proclamation issued against M/s Sri Sai Enterprises, according to which there appears to be a recoverable amount of Rs. 31,01,870.82 against M/s Sri Sai Enterprises.
Learned counsel for the appellant has further referred to the page no. 80 of the memo of appeal, which was an affidavit filed on behalf of the Bank of India and has drawn attention of this Tribunal towards paragraph no. 2 thereof, in which an aggregate amount due against M/s Sri Sai Enterprises was shown to be Rs. 31,01,870.82.
Learned counsel for the appellant has also drawn attention of this court towards page 95 of the memo of appeal, which is an order of the DRT, Allahabad dated 18.03.2020, which is also on record, which shows that the amount to be recovered from M/s Sri Sai Enterprises is Rs. 31,01,870.82.
Learned counsel for the appellant has argued that the Bank has already recovered a sum of Rs. 99,91,000/- from auction
Issues for consideration
2 issues framed by the court
Whether the waiver application should be allowed given the discrepancy between dues shown in the sale proclamation and the total dues claimed by the bank.
What steps to be taken by the parties regarding service of notices following the allowance of the waiver application.
Parties & counsel
- appellant
Smt. Poonam Gupta
- respondent
Bank of India
- respondent
Auction Purchaser
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090002792022
- Topic
- Specific Performance
All orders in this case
20 orders share this CNR
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