Smt Sangeeta Arora v. Bank of Baroda

Appeal Dy. No. 1026/2022 Date: 15.02.2023

Smt. Sangeeta Arora Vs. Bank of Baroda

Present: None for the appellant, Shri S. K. Singh, counsel for the respondent-Bank,

An urgency application being I.A. No. 115/2023 has been filed by the appellant, stating that the respondent-Bank has auctioned the property by means of sale notice dated 01.10.2022 in favour of the auction purchaser on 04.11.2022. Thereafter, the Recovery Officer passed an order dated 04.01.2023 for taking physical possession of the property in question. It is argued that when the said fact came to the notice of the appellant, she moved an amendment application as well as impleadment application on 12.01.2023 before this Tribunal. It is further contended that in interregnum, the Recovery Officer has passed the order on 17.01.2023, whereby the Recovery Officer has appointed the court receiver and has empowered him to take effective police help for taking possession of the property in question and the said proceedings are stated to have been done under the RDB Act. It is further contended that the court receiver has sent a notice on 04.02.2023, whereby he has stated that he shall take the physical possession on 14.02.2023 at 11:00 am, which date has lapsed.

It is clear that all the proceedings have been done under the RDB Act, therefore, the same cannot be challenged in the present appeal, which has been filed under the SARFAESI Act challenging the action initiated by the Bank under the said Act. As such there is remedy available to the appellant under the RDB Act, 1993 for challenging the aforesaid proceedings before the Tribunal below, if so desired.

In view of the above, the urgency application stands dismissed.

List this case on the date already fixed i.e. 24.03.2023.