Disposed

Shubhakaran Sihag v. Au Small Finance Bank Limited

DRT17 Jun 2026SA/464/2026

Case brief

AI extract

What is this about?

In a sale proceedings, the applicant requested a stay of sale confirmation to deposit dues. The bank opposed citing disclosure to buyers. The Tribunal granted a 15-day stay contingent on full payment, allowing the sale to proceed if not deposited.

What did the court decide?

Sale confirmation stayed for 15 days pending deposit of entire dues; liberty granted to proceed if not paid.

Shubhakaran Sihag versus Au Small Finance Bank Limited — Execution and Attachment | DRT (2026)

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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

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Item No. 41

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Case No.SA/464/2026

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SHUBHAKARAN SIHAG Vs AU SMALL FINANCE BANK LIMITED Date: 17.06.2026.

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Proceedings through hybrid mode: Present:

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Shri R K Bhargav, Counsel for the applicant

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Shri R N Vijay, Counsel for the Respondent

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In this matter, auction is scheduled on today. The dispute is between husband and wife. Counsel for the applicant argues that wife was in Government service and was paying the installments. After leaving the matrimonial home she stopped paying the installments.

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The applicant was somehow managing to the pay the installments, thereafter he also stopped paying the installments on the ground that if he clears the dues of the bank, the property will go in the name of wife. The sale is under process.

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Counsel relies upon the Rule 8(6A) of the unamended Act which is now Rule 8(7), it is submitted that they have not disclosed the pendency of this SA to the buyers.

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Counsel for the Respondent FI submits that they have disclosed about SA all the interested buyers. Since, it is a flat, the property is identified as flat no. and area, according to him, the compliance has been made.

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Applicant wants to regularize this account, in view of the RBI guidelines, but the above stated situation will remain same, accordingly, there will be a default. The Tribunal cannot be a party to such a fragile regularization of the account. The bank is at liberty to proceed ahead, however sale shall be subject to final outcome of this SA.

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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur

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At this stage, counsel for the applicant submits that they will make the entire payment of dues within 15 days from today. On request the sale confirmation shall be stayed till then. Counsel for the Respondent FI submits that appropriate orders may be passed.

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In these circumstances, bank is directed to not to confirm the sale for 15 days and if the party do not deposit the entire dues, the Respondent FI will be at liberty to proceed and if the entire amount is deposited, the sale shall stands cancelled.

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With these directions, SA stands disposed of, all pending IAs also stands disposed off, if any.

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File be consigned to record as per rules. Copy of order be uploaded on website.

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(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur

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Shubhakaran Sihag v. Au Small Finance Bank Limited

Case brief

What is this about?

What did the court decide?

Shubhakaran Sihag v. Au Small Finance Bank Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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