mortgage being on 21.01.2009. As the borrower r.e., Mfs. Masways Travels Pvt. Ltd., committed default in the repayment of the loan amount, the loan account of the said borrower has been classified as NPA and M/s. city union Bank Ltd., invoked the measures under the SARFAESI Act, 2oo2, by issuing Demand Notice dt.27.oz.2olo u/s.13(2), followed by Possession Notice dt.05.10.2010 u/s.13(4) and Tender cum Auction Sale Notice dt.11.o2.2oll, fixing sale of the schedule properties on 28.03.2011. However, it appears that, the sale of the schedule properties pursuant to the said Tender cum Auction sale Notice dt.ll.o2.2o11 did not materialize. M/s. city Union Bank Ltd., has also filed OA.No.6/2012 on the file of this Tribunal for the recovery of outstanding dues from the borrowers/ guarantors, wherein the Applicant herein is the 2.d defendant. During pendency of the said oA, M/s. city Union Bank Ltd., assigned the debt of the borrower i.s., M/s. Masways Travels Pvt. Ltd., with underlying securities in favour M/s. Reliance Asset Reconstruction Company Ltd., i.e., 1st Respondent herein vide Assignment Agreement dt.25.09.2013 and the lst Respondent herein got impleaded as Applicant No.2 in the said oA. The said oA.No.6/ 2ol2 was allowed by this Tribunal vide order dt.2o.l2.2O 18 declaring that the defendants are jointly and severally iiable to pay to the Applicant No.2 (1"t Respondent herein) a sum of Rs.1,00,o1,8921- with interest pendente lite and future @ 18-25o/o p.a., simple from the date of filing of the OA till full and final realization of the claim amount. It was also held in the said order that, the Applicant No.2 (l"t Respondent herein) can recover the dues from the defendants by sale of the properties mortgaged to the Applicant. Based on the said final order dt.2o.l2.2ol8, passed in the OA, Recovery certificate was issued vide RC.No.336l2olg on 04.10.2019 in favour of the 1"t Respondent herei of Rs.2,4 4,7 8,653/ - with future interest from 04.1CI';
