In Special Appeal no. 233 of 2022, the applicant sought to set aside an auction, execute a sale deed, and recover Rs. 20.00 Lacs. The court dismissed the application, finding that the applicant failed to deposit money with the bank and thus had no case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
SA/233/2022 VISHAL MAHAJAN Vs BANK OF INDIA
11.09.2023 Item No.91
Present: Sh. Divyansh Vats, proxy Counsel for Sh. Gaurav Kalsi, Counsel for the Applicant. Ms. Manjari Joshi, Counsel for respondent bank.
Applicant is a person, who had entered into an agreement to sell with Jagir Kaur (defendant No.3) who was the owner of the secured asset on 11th September, 2019. Jagir Kaur, had taken a loan from Bank of India, and had created security interest in favor of the bank. The prayer of the applicant in this SA is for setting aside the auction and executing the sale deed in favor of the applicant and for return of Rs.20.00 Lacs.
Admittedly, applicant had not deposited the money to the bank and had handed over the same to the borrower.
I am of the considered view that the applicant had got no case at all and the SA is hereby dismissed .
File be consigned to record room.
(A S Narang) Presiding Officer DRT-I, Chandigarh
PANKAJ
3 issues framed by the court
Whether the applicant has any case to be allowed the application.
Whether the auction should be set aside and sale deed executed in favor of the applicant.
Whether the amount of Rs. 20.00 Lacs should be returned to the applicant.
Vishal Mahajan
Bank of India
A S Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
