RENU JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed under Articles 226 and 227 of the Constitution of India, 1950 seeking setting aside of the order dtd. 23/8/2019 passed by the learned Debt Recovery Appellate Tribunal (DRAT) in Appeal No.194/2019 confirming the sale of the subject property bearing Plot No.12, Block No. C-7, Krishna Nagar (Northern Portion), Village Ghondli, Illaqa Shahdara, Delhi ('subject property') in favor of respondent nos.2 and 3.

(2.) The facts germane to the issue at hand and culled out from the petition are as under:-

(3.) Mr. Manav Gupta, learned counsel appearing for the petitioner at the outset submitted that the process of auction was premised on fraud played upon the petitioner by the respondent no.4/bank officials in collusion with the respondent nos. 2 and 3/auction purchasers. He thus stated that fraud vitiates all, ecclesiastical, ministerial or administrative. He stated that the petitioner was misled by the bank officials into believing that the subject property was under multiple litigations and other encumbrances and it would be an unwise step to proceed with participating in such auction. He stated that believing the same, the petitioner refrained from participation. Subsequently, the petitioner realized that the bank officials have played fraud resulting in the petitioner not participating in the said e-auction process. Thus, according to him, the auction process is vitiated and should be recalled and the auction be reinitiated.