valuation report from the approved valuerand copies of the valuation report are filed by the Bank. After obtaining valuation report, the Respondent Bank fixed reserve price in respect of the schedule property and issued the impugned Sale Notice dt.04. I 1.2023 and the said notice was sent to the Applicants through Regd. post and the said notice was duly served on the Applicants as evidenced by the postal acknowledgements Iiled by the Bank. The said notice was affixed on the schedule property as depicted in the photographs filed by the bank and the said notice was also published in Financial Express and Mana ,felangnaa daily newspapers on 12.11.2023 as evidenced by the copies of paper publication filecl by the Bank. But however, no auction was conducted by the Respondent Bank in pursuance of the said sale notice. So the said sale notice becomes infructuous and nothing survives in the SA for adjudication as there is no need to decide the validity or otherwise of the impugned Sale Notice dt.04.l 1.2023. Hence, I am of the opinion that the relief claimed by the Applicants in the present SA becomes infructuous and the SA is liable to be dismissed. The Respondent Bank is directed to proceed afresh for conducting sale of the schedule property by issuing fresh sale notice by duly follorving the provisions of SARFAESI Act,2OO2 and Rules made thereunder.
