DRT-III, Chandigarh allowed an interim application seeking a stay on the alienation and sale of a property, directing parties to maintain the status quo pending final disposal of the main suit, with the auction purchaser opposing via ex parte proceedings.
Status quo maintained on the property in question pending further orders.
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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH
ITEM NO.19
SA/71/2024 PRIYANKA GARG AND ANOTHER Vs. ICICI HOME FINANCE COMPANY LTD. AND OTHERS
26.05.2025
Present: Sh. Vipul Dharmani, Advocate for Applicant Sh. Rahul Garg, Advocate for Respondent No. 1 Respondent No.2 already ex parte vide order dated 27.12.2024 None for Respondent No.3
Affidavit of service in compliance of order dated 07.04.2025 filed by applicants today vide diary no. 7947, which shows that respondent No.3 is served.
None is present on behalf of respondent No.3 despite service and repeated pass overs. Therefore, proceeded ex parte against respondent No.3.
Heard on IA No. 1285/2024.
This application was filed by applicants for passing appropriate orders for staying the alienation/further sale of the property in question until the final disposal of the present SA and granting status quo in all respects.
Sh. Vipul Dharmani, Advocate argued that respondent No.1 has sold out the property in question vide auction dated 22.05.2024 in violation of the provisions of the SARFAESI Act and Rules; that after the said auction dated 22.05.2024, applicants approached the respondent No.1 on numerous occasions for knowing the final outcome of the auction, however respondent No.1 denied the divulge any such information regarding the same; that aggrieved by the inaction of the respondent No.1, applicants filed IA No. 895/2024 for issuance of directions to respondent No.1 for providing details, information and for placing on record the outcome of the proceedings of sale auction dated 22.05.2024; that respondent No.1 vide its reply dated 22.07.2024 received from Bank’s counsel on 06.08.2024 informed that SA applicants for the first time after lapse of two months that the said auction dated 22.05.2024 has been successful and one Smt. Manisha C/o Satish Saini, R/o SAS Nagar, Mohali (now arrayed as respondent No.3) has been declared as the successful Auction Purchaser and the Sale Certificate dated 27.05.2024 was issued in her favour; that action of the respondent No.1 is in violation of the pristine principles of natural justice and has inflicted grave injury upon the applicants. It was prayed that this IA may kindly be allowed and may kindly be pleased to stay further alienation/selling of the said property in question.
None is present on behalf of respondent No.3 (Auction Purchaser) despite service to oppose the prayer.
Application is supported with affidavit. Therefore, IA No.1285/2024 is allowed. Parties are directed to maintain status quo on the property in question in all respects till further orders. Put up on 09.07.2025 for arguments.
(MRIDULESH KUMAR SINGH) Presiding Officer DRT-III, Chandigarh
2 issues framed by the court
Whether to grant status quo to stay further alienation of the impugned property.
Whether to stay the sale of the property pending the final disposal of the special application.
Priyanka Garg
Rahul Garg
ICICI Home Finance Company Ltd.
Respondent No.2
Smt. Manisha
Mridulesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
