Sandeep Dogra v. State Bank of India and Anr.

Appeal Dy. No. 637/2022 Date: 17.02.2023

Sandeep Dogra Vs. State Bank of India & Anr.

Present: Shri G. S. Mishra, counsel for the appellant, Shri Maneesh Mehrotra, Advocate holding brief of Shri Sandeep Arora, counsel for the respondent-Bank,

The present appeal was heard on merits and the judgment was reserved vide order dated 30.09.2022. At the time of dictating the judgment, the certain points were found to be clarified by the parties, therefore, the said case was directed to be listed for further hearing vide order dated 15.11.2022, fixing the date as 09.12.2022.

Heard the learned counsel for the appellant.

On behalf of the learned counsel for the respondent-Bank, a mention has been made that the arguing counsel Shri Sandeep Arora is indisposed, therefore, he is unable to appear before this Tribunal today, hence the adjournment is prayed for. However, the learned counsel for the respondent-Bank is required to answer in writing three quarries within 15 days from today i.e. (1) as to how the property in question has been auctioned at the price less than the distress value at the very first instance (2) submit proof of service of sale notice upon the appellant as to where the service of sale notice has been effected and (3) how the possession notice, which was not filed before the Tribunal below, can be filed at the appellate stage for considering the same. If the said queries are not answered in writing within the time stipulated above, the judgment will be pronounced thereafter.

Judgment reserved.

Justice R. D. Khare Chairperson