The petitioner then replied to the same day on 13.12.2021 stating that there was a stay against e-auction of the residential property by this Court on 10.11.2021 in CM-91-CWP-PIL-2021 in/and CWP-PIL-772021 titled as Court on its own motion Vs. Union of India and others in view of the COVID-19 pandemic in the States of Punjab and Haryana and Union Territory of Chandigarh, and so the Bank was not authorized to put up for e-auction the residential property in question, and it had violated the orders passed by this Court, and had thus committed an contempt. It was also stated that this order was in the knowledge of the Bank and as per the provisions of the Transfer of the Property Act, 1882 (hereinafter referred to as “the Act of 1882”) and allied laws/rules, the seller has to disclose the details of litigation even if there is no stay pending before any Court of law having competent jurisdiction, but the Bank had not disclosed the same in the advertisement it got published. It was also pointed out that earlier the Bank, on 31.12.2021, had conducted e-auction of the very same asset to someone else, by name Smt. Jaswinder Kaur, who had also deposited Earnest Money Deposit (EMD) of 15.91 Lakhs; in the meantime, the borrower’s Writ Petition had been filed on the very same day of the auction; that notice of motion was issued and the Bank counsel appeared and accepted notice; and when the said Auction Purchaser came to know that the asset purchased by her in the auction was under litigation, she submitted a representation on 11.01.2021 for refund of her earnest money as the Bank
