The Debt Recovery Tribunal ex parte dismissed an applicant's application to quash an auction notice issued by a bank. The applicant argued the bank should have auctioned the primary borrower's sufficient mortgaged property instead of hers. The Tribunal held the bank had the prerogative to proceed against guarantor property.
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IN THE DEBTS RECOVERY TRIBT]NAL LUCKNOW
Present: A. H. Khan, Presiding Officer
Date of order 10-10-2022
S.A. No.99 of 2022
Present:-
Counsel for the applicant BH of Mr.Aiay P.Singh Counsel for the bank Exparte
l. Final arguments were heard on 2l-09-2022 and case was reserved for pronouncement of orders.
2
File be consigned to record room.
Khan) 'siding Officer
2 issues framed by the court
Whether a challenge to an auction notice against an applicant-mortgagor is maintainable when the primary borrower defaults on mortgage property, despite the applicant submitting that the borrower's pr
Whether the TRIBUNAL can proceed ex parte when the respondent bank fails to appear or file a reply despite service of summons.
1 provisions across 1 enactments
BH of Mr. Aiay P. Singh
Bank
A. H. Khan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
