The Single Member Tribunal directed the absent respondent bank to disclose if an e-auction sale took place on April 26, 2023, and maintain status quo of the secured property. If a sale occurred, no certificate could be issued without tribunal leave.
Direction to bank to disclose sale details by affidavit; maintaining status quo of secured property.
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| Order Sheet( continuation) |
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|---|---|---|
| Case No.SA/108/ |
2023 M/s R M Motors Vs. Union Bank of India |
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| Date of Order |
Order with signature | Office action with date and dated signature of parties when necessary |
| 17/05/2023 11/tsm |
Ld counsel Mr.Samrat Dandapat appears for Sarfaesi applicant. Sarfaesi applicant in I.A. 718 of 2023 has challenged the sale notice dated 05.04.2023 and publication of sale notice dated 08.04.2023 contemplating e-auction sale dated 26.04.2023 of the secured property on the ground that since the proclamation of first sale, 30 days time has to be given to the borrower under Rule 8(6). Besides the applicant has also challenged the valuation of the secured property by the respondent bank. Applicant has filed affidavit of service showing proof of service upon the respondent bank by post which was delivered on 24.04.2023 but none appears for the respondent bank. As the respondent bank is not present to confirm whether the sale took place on the date of sale or not, the respondent is directed to disclose whether sale took place on 26.04.2023 or not. If sale took place, name and address with full details of sale shall be filed by the respondent by way of affidavit with objection to I.A. 718 of 2023 within a period of 15 days with copy to applicant. If sale took place, no sale certificate shall be issued without the leave of this Tribunal. |
Till then status quo in respect of the secured property as of today shall be maintained. I.A. 717 of 2023 being a put up petition is disposed of.
(AMBUJA MOHAN DAS) PRESIDING OFFICER DRT-I, KOLKATA
2 issues framed by the court
Whether the 30-day notice period to the borrower under Rule 8(6) of the SARMCL was complied with before the e-auction.
Whether the valuation of the secured property by the respondent bank was challenged and requires examination.
2 provisions across 1 enactments
M/s R M Motors
Union Bank of India
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
