THE STATE BANK OF INDIA THROUGH ITS REGIONAL MANAGER, PATNA Vs. SURENDRA YADAV SON OF JATTU YADAV RESIDENT OF VILLAGE DOHARWARI, P.O. AND P.S. UDAKISHUNGANJ, DIST. MADHEPURA

JUDGEMENT

(1.) Heard Mr. Ashok Kumar Sinha, Sr. Advocate, for the petitioners and Mr. Uday Chandra Prasad for the opposite parties and Mr. Anil Kumar Singh GP-26 for the State.

(2.) The respondent-Bank of the writ petition (CWJC No. 7024 of 2015) has filed the present application for review of the order dated 31.07.2015 whereby the following direction was issued:-

(3.) The writ petition was filed on 04.05.2015 for conditional/provisional release of the truck which was purchased by the opposite party 1st set on extending loan by the respondent-Bank and for which a certificate proceeding was pending before the Certificate Officer. The Court granted indulgence to the respondent Bank. However, finding that no counter affidavit was filed the writ petition was disposed of on 31.07.2015. The review petitioners have brought on record a paper publication of notice dated 09.06.2015 issued by the Bank for the auction sale of several vehicles, including the vehicle of the writ petitioner(opposite party herein) as the loanees were running in default of payment of the outstanding loan amount. The date of auction sale was notified on 12.6.2015. The public auction of those vehicles, including the vehicle of the writ petitioner opposite party was made on 12.06.2015 and it was sold to the highest bidder on 12.06.2015. The respondent-Bank issued a communication to the Certificate Officer regarding such auction sale of the subject vehicle of the said proceeding and deposit of the proceeds thereof in the loan account of the loanee-opposite party. The sale certificate dated 01.07.2015 issued in favour of the highest bidder (auction purchaser) is enclosed at Annexure-5.