SANGITA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India takes exception to the order of Debts Recovery Tribunal (DRT) dtd. 17/7/2013 (Annexure P-3) passed in S.A. No. 65/2010 and also the order dtd. 23/9/2019 (Annexure P-5) passed by Debts Recovery Appellate Tribunal (DRAT) whereby appeal of present petitioner was dismissed by giving stamp of approval to the order of DRT dtd. 17/7/2013.

(2.) Shorn off unnecessary details, the admitted facts are that an e-auction notice dtd. 1/4/2010 was published by respondent No.1 for auctioning the property in question. The petitioner submitted his bid and was declared as successful bidder in the e-auction on 3/5/2010. Petitioner paid Rs.61,11,111.00 being an auction purchaser. On 10/5/2010, a sale certificate was executed in favour of the petitioner.

(3.) The mortgagor / private respondents herein filed S.A No. 65/2010 before the DRT challenging the auction proceedings. The present petitioner was put to notice. After hearing the parties, learned DRT by order dtd. 17/7/2013, set aside the auction proceedings and directed the Bank to refund the purchase price with interest to the petitioner.