Securitisation Application challenging e-auction dismissal where applicant alleged auction area mismatch (900 sq.ft. vs 1800 sq.ft.). Tribunal directed bank to withdraw sale notice and issue correct one.
Directed respondent bank to withdraw the sale notice and issue a fresh sale notice reflecting the correct area of 900 sq.ft.
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.
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
12.10.2023
| Sr | . No.0 | 8 SA No.334/2023 |
|---|---|---|
| Classifi |
ti No. of |
E h |
| SECURITISATION APPLICATION No.334/2023 | ||
| Satguru Krushi Kendra ..Applicant Versus Union Bank of India ..Respondent Mr. Harshal Randhir – Advocate for the applicant. The matter is taken through Video Conference. |
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| 1. In this matter the Interlocutory Application |
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| No.1811/2023 for stay has been moved. In this matter | ||
| this Securitisation Application has been moved challenging e-auction. 2. In this matter the learned counsel for the applicant submits that the applicant is challenging the auction but there is no auction notice. He submits that he do not |
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| have the copy of the publication with him. He has filed one document which is written by the auction purchaser |
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| submitting that the bank has published the notice for sale of 1800 Sq.ft. actually it is 900 sq. ft. of the property and he has sought the cancellation of the sale. |
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| 3. The applicant is relying upon the said document. | ||
| 4. In view of the above, I pass the following order through video conferencing. |
[SBJ] (SA No.334/2023) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
ORDER
A. This Securitisation Application No.334/2023 is disposed
off with the directions to the respondent-bank that in
case if they have gone for auction of the property as per
sale notice it is 1800 sq.ft. actually it is 900 sq. ft. of the
property, they may withdraw that sale notice and issue
fresh sale notice.
B. File be consigned to the record room.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
[SBJ]
(SA No.334/2023) Page 2 of 2
Satguru Krushi Kendra
Union Bank of India
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
