KABITA RANI SAHA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) Petitioners are the guarantors. The principal borrower not having paid the full dues, the Bank is seeking to recover the unpaid dues from the petitioners. The petitioners had previously filed W.P. (C) No.1323 of 2019 under such circumstances. This petition was disposed of on 27.01.2020. Following order was passed:

(2.) Learned counsel for the petitioners pointed out that very next day after the said order was passed by the High Court, the Bank advertised E-auction of the petitioners immovable properties, leaving no opportunity to the petitioners to approach the DRT for necessary relief.

(3.) While noting the said contention of the counsel for the petitioners, we also note that the petitioners have so far not moved any formal application before DRT in the pending proceedings instituted by the Bank showing their willingness to dispose of any of the immovable properties to meet with the Banks dues. The E-auction notice is issued on 28.01.2020 and the intending purchasers are given time up to 21.02.2020. We are also informed that the next date of hearing before the Tribunal is 24.02.2020.