GOPAL KUMAR SINGH Vs. CANARA BANK

JUDGEMENT

(1.) The appellant was the 6th respondent in the writ petition. The writ petition was filed by a borrower who defaulted a loan availed from the respondent-bank and invited proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act' for short).

(2.) The borrower-defaulter filed securitisation application numbered as S.A. No. 208 of 2018 before the Debt Recovery Tribunal, Patna, Bihar. The matter was heard and the application stood rejected on 20/3/2019. The borrower filed a review from the said application which stood allowed by judgment dtd. 1/9/2021. The bank filed an appeal before the Debt Recovery Appellate Tribunal (hereinafter referred to as the 'DRAT' for short), from the order in review, which stood allowed by order dtd. 11/11/2022 ; which was challenged by the borrower in the writ petition from which this appeal arises, producing the appellate order at Annexure-P/1. The learned Single Judge allowed the writ petition, which, the appellant-purchaser under the SARFAESI Act, has challenged in the above appeal.

(3.) We have heard Mr. P.K. Shahi, learned Senior Counsel appearing for the appellant, Mr. Gopal Kumar Singh appearing for the Canara Bank and learned Senior Counsel Mr. D.K. Sinha, for the borrower-writ petitioner who is impleaded as the 7th respondent in the appeal.