guarantor. Subsequently, PossessionNotice dated 07,01.2021 was issued by the bank and served to the borrower and guarantor and the same was affixed on secured asset and also published in two leading newspapers on 12.01.2021. Further, sale notice was issued on 28.10.2023. Subsequently,the respondent herein filed SARFAESI Application bearing SA 384/2023 before this Tribunal and notice was issued to the bank which was received by the Circle Officer Muzaffarpur on 16.12.2023. Accordingly, the law officer of the bank telephonically communicated to the counsel for appearing in the matter and for filing Vakalatnamaaswell as Counter Affidavit but the counsel has not appeared before this Tribunal on 24.01.2024. The junior counsel of the respondent bank was present on the said date but asand when got knowledgethat no Vakaltnama had been filed in the matter, he could not appear. Due to communication gap and misunderstanding between junior counsel and senior counsel, the respondent bank could appear in the matter to contest the case. It is further prayed that one opportunity may be granted to controvert the allegation raised by applicant in S. application. The matter was first time listed before the bench of Hon'ble Presiding Officer on 24.01.2024. At least one opportunity may be granted to the bankfor unintended absence. Moreover, the S. applicant had prayed for quashing the sale notice 28.10.2023 in S. application but the entire SARFAESIaction has been set aside by the Tribunal on the ground of non appearance. Hence,ReviewApplication may be allowed and SA 384/2023 may be restored to its original number.
