AGENT, DEODAR BRANCH Vs. SECRETARY-APPEAL

JUDGEMENT

(1.) Ms.Lilu K.Bhaya, learned counsel for the petitioner, Mr.R.C. Kodekar, learned A.G.P. for respondent Nos.1 to 3 and Mr.Dhaval Vakil, under authority of Mr.Vijay H.Patel, learned counsel for the respondent NO.4. None for the respondent No.5, though served.

(2.) Present proceedings arise from the transaction of mortgage which was entered into between the petitioner creditor and respondent Nos.4 and 5 debtors on 17/3/1983.

(3.) A notice for auction was issued on 24/9/1992 fixing the date of auction on 24/11/1992. On 14/10/1992, a certificate of average value per Acre of the land was obtained from the Talati. The respondent Nos.4 and 5 received the notices. Notices of auction was published on the Notice Board of the Collector, Mamlatdar and Talati on 24/3/1990 i.e. before the date of auction, demand notice was issued, but nothing was paid therefore, the exercise was undertaken.