The SARAF AESI application was allowed as the underlying dispute was settled between the applicant, respondent bank, and auction purchaser. The auction sale dated 24.03.2022 was set aside by compromise.
Auction sale on 24.03.2022 was set aside in terms of the compromise between the parties.
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DEBTS RECOVERY TRIBUNAL, PATNA Order with the Signature of the Court
Office action taken with data
DatWf order or proceeding
SA 341 of 2022
09.08.2023
| Ld Counsel for the Applicant submitted that he has paid the amount of settlement held with the auction purchaser and he wants get back the property which has been purchased by the auction purchaser. Ld. Counsel for the respondent Bank has no objection if the auction purchaser and the applicant arrive into an agreement for settlement and Ld. Counsel for the auction purchaser also agreed to settle the matter as he has received the settlement amount from the S. applicant. In such circumstances, there remains nothing to be decided by the Tribunal |
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| as the matter has been settled between the parties and the Ld. Counsels for the respective parties do not have any objection. I!l this regard IA No.45 of 2023 has been filed and the contents thereof are supported by the supplementary affidavit of the applicant. Accordingly this SARAF AESI application stands allowed to the extent |
| that the auction sale on 24.03.2022, is hereby set aside and auction sale is hereby set aside in terms of the compromise between the parties. SARAF AESI application is accordingly disposed Order to be uploaded on the Tribunal's website. |
Patna
(KaUS~ Yadav Presiding Officer
Applicant
Bank
KaUS~ Yadav
As recorded by the court registry
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