Learned counsel for the appellant has drawn attention of this Court to the I.A. No. 561/2022, wherein it is stated that the appellant was shocked, when one unknown person came to the house of the appellant on 01.11.2022 claiming himself as recovery agent of the Bank, who had asked the appellant to vacate the house, otherwise he will take the possession forcibly. Thereafter, the appellant inspected the file pending before the D.M., then he came to know about the order dated 31.10.2022 passed by the D.M. and thereafter he obtained the said order. The learned counsel further submits that the property in question was in the name of the mother of the appellant no. 2 and she stood as guarantor and mortgagor in the loan account of the appellant. The learned counsel also submits that during the pendency of the application before the D.M., the mother of the appellant no. 2 died on 22.12.2021 and the D.M. has passed the order under section 14 of the SARFAESI Act on 31.10.2022. As such, the said order has been passed against a dead person. It is, therefore, argued that the entire proceedings are nullity in the eye of law.
