Allowed
Surjeet Singh v. Jammu and Kashmir Bank Limited
DRTSA/252/2025
Case brief
AI extract
What is this about?
A single judge set aside an auction of mortgaged property for non-issuance of a separate auction notice to the mortgagor. The court held the applicant was not entitled to challenge notices under Section 13(2) and 13(4) of the SARFAESI Act as they failed to file the application within 45 days of the bank taking physical possession. The SA was disposed of.
What did the court decide?
The auction dated 28.08.2025 was set aside. The sale consideration was to be refunded with interest. The bank was permitted to issue a fresh auction notice.