This single-paragraph order dismisses an appeal by the applicant who requested an adjournment due to a pending civil dispute over property ownership. The court rejected the claim that the auction purchaser had to be joined, holding the applicant is merely a guarantor and allowing release of excess funds.
Release of excess payment to the owner was permitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 143
Case No.SA/758/2023
VISHAL SINGLA Vs PUNJAB NATIONAL BANK
Date: 27.05.2025.
Proceedings through hybrid mode
Present:
Shri Shankar Lal Verma, Counsel for the Applicant
Shri Vikram Pratap Singh, Counsel for the Respondent Bank/FI
In this matter, despite directions issued from Hon’ble DRAT, the counsel for the applicant is not ready to argue the matter. He is seeking a short adjournment for making the arguments. He submits that he has moved two applications one for challenging the auction and another for making the auction purchaser as a party.
The auction was conducted on 24.05.2024 which was challenged by the applicant before Hon’ble High Court. Counsel for the Respondent submits that the applicant is only a guarantor and the property belongs to the borrower. He submits that the borrower is after them for releasing the excess money being received.
Counsel for the applicant submits that there is a agreement to sale with the borrower for purchase of this property. Therefore he is objecting to such an endeavor by the borrower.
On Court query, that he has availed his right before the Civil Court. He submits that his civil case is pending.
In view of the above, this SA stands dismissed. Respondent bank is at liberty to release the excess payment to the owner of the
Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
property. Accordingly, SA stands disposed off, all pending IAs also stands disposed off, if any.
File be consigned to record as per rules. Copy of order be uploaded on website.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur
1 issue framed by the court
Whether the applicant is entitled to argue against the auction challenging his status and ownership of the property.
Vishal Singla
Punjab National Bank
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
