MOHD. KASIM Vs. NAINITAL BANK LTD.

JUDGEMENT

(1.) The present petition filed under Articles 226 and 227 of the Constitution of India 'Constitution' assails the Order dtd. 10/12/2018 passed by the Ld. Debt Recovery Appellate Tribunal 'DRAT' in Appeal No. 144/2018 in S.A. No. 40/2017 titled as 'The Nainital Bank Ltd. vs Mohd. Kasim' whereby the Ld. DRAT set aside the order dtd. 22/3/2018 passed by the Ld. Debt Recovery Tribunal 'DRT' and upheld the auction sale of one of the Petitioner's properties conducted by Respondent No. 1 in favour of Respondent No. 2.

(2.) The brief facts leading to the present petition are a bit chequered.

(3.) The Petitioner had availed certain loans from the Respondent Bank and for the same, had mortgaged two properties. Due to non-payment of dues, the loan accounts of the Petitioner were declared Non-Performing Accounts 'NPA' and a notice under Sec. 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 'SARFAESI Act' came to be issued against the Petitioner on 3/10/2013.