DEVRARAJ H. Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) Challenge is to the coercive proceedings of loan recovery instituted under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. This Court vide ad interim order dtd. 1/12/2021, had said as under:

(2.) After service of notice, the respondents having entered appearance through their advocates opposes the petition contending that the auction in question took place way back in 28/12/2017; the same having been confirmed, the Sale Certificate has been issued on 27/3/2018 and registration of the same also has taken place. The same was challenged before the DRT in D.No.2348/2018 in I.R.No.2785/2018 which came to be dismissed on 1/9/2021. A challenge was laid before the DRT in appeal No.182/2021 and that also came to be dismissed on 7/11/2022. Learned Bank's counsel points out that ordinarily when reprieve of the kind has been granted subject to conditions, non-compliance thereof should result in the dismissal of the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is substantially in agreement of the submission made on behalf on the respondents there being no controversion of the same from the side of petitioner.