AKHOURI GOPAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been preferred for a direction to respondent no. 2 and 3 not to deliver possession of the property mentioned in sale notice dated 30.04.2017 published in Times of India dated 1st May, 2017 in view of the order of the appellate authority i.e. Debts Recovery Tribunal, Patna in SA No. 101 of 2016 dated 06.09.2016.

(2.) It is stated that the order dated 06.09.2016 was passed after considering the application dated 19.07.2016 filed by respondent no. 3 for physical possession of the property mentioned in the sale notice dated 30.04.2017. A further prayer has been made for a direction to respondent no. 2 and 3 to examine the fact in compliance of statutory provision of Section 14(I)(IV) and 14(I)(V). It is submitted that respondent nos. 2 and 3 should examine as to whether the borrower has committed default in repayment and consequent upon such default the account of the borrower has been classified as NPA.

(3.) The petitioner has also prayed for quashing of the sale notice dated 30.04.2017 published in the newspaper on 01.05.2017 for sale of property mentioned therein. It is submitted that the sale notice suffers from non-compliance of statutory provision of the SARFAESI Act 2002 and the rules framed thereunder.