Shri Akhauri Nishant and Anr. v. Corporation Bank and Ors.

Appeal Dy. No. 120/2019 Date:

Shri Akhauri Nishant and Anr. Vs. Corporation Bank and Ors.

Present: Shri Alok Rai, counsel for the appellants, Shri S. D. Sahai, counsel for the respondent-Bank,

ORDER

Learned counsels for the parties were heard on the Waiver Application and the case was reserved by this Tribunal vide order dated 10.05.2024.

Learned counsel for the appellant submitted that the respondent-Bank has not filed any reply to the waiver application till date, therefore, the averment as contained in the waiver application remained unrebutted. It was further contended that as to whether the amount, which was realized from the auction sale of the property in question, has been appropriated or not? It was also contended that the situation would have been different, if the auction amount is not appropriated by the Bank. It was further contended that the statement of account was being sought from the respondentBank to see, as to what amount is due as per section 13(9)(b) of the SARFAESI Act. It was also contended that the said amount is to be determined, which has not been produced by the Bank till date.

Learned counsel for the appellant has drawn attention of this court to the para 24 of the reply filed by the respondent-Bank, wherein it has been stated that no waiver application has been filed, whereas the same has been served along with the memo of appeal.

It was contended by the learned counsel for the respondentBank that although no waiver application has been filed by the