HONBLE MAHESH CHANDRA TRIPATHI,J. - (1.) Heard Shri M.M Sahai, learned counsel appearing for the petitioner, Shri Sanjay Singh, learned counsel appearing for the Punjab National Bank and Shri Sanjay Rai, holding brief of Shri B.N. Rai for Smt. Janki Devi-auction purchaser.
(2.) In Writ C No.14755 of 2013, the petitioner has prayed for quashing the order dated 6.3.2013 passed by the Debt Recovery Appellate Tribunal, Allahabad in Recall Sr. No.390/12 in Appeal No.R-146/12. In the connected Writ C No.66988 of 2012 the petitioner is assailing the order ex-parte judgment and order dated 12.12.2012 passed in Appeal No.R-146/2012 (Ashok Kumar vs. Punjab National Bank and ors) and for quashing the proceedings of Case No.274 of 2012 (Punjab National Bank vs. Ashok Kumar) under Section 14 of the SARFAESI Act, 2002.
(3.) Brief background of the case, as reflected from the record, is that the petitioner was serving in Punjab National Bank, Branch Mahmoorganj, Varanasi. During his service period, he availed a housing loan of Rs. 10 lacs in the year 2007 for construction of house and deposited title deed of Arazi No.205/2, Village Phulwari, Pargana Dehat Amanat, District Varanasi as security. The petitioner committed defaults in payment of instalments. Consequently, the account was declared as 'Non-Performing Asset'. The respondent-bank issued a demand notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) on 3.9.2010 for Rs.9,00,458/- and thereafter possession notice dated 4.2.2011. The notice inviting tender for sale of security was published in the newspaper on 19.11.2011 fixing 18.12.2011. The property in question was sold to fourth respondent i.e. Smt. Janki Devi for Rs.8,10,351/- and the sale certificate was issued on 28.12.2011. The sale deed was executed in favour of the fourth respondent on 6.1.2012 and the same was registered in the office of Sub Registrar-II, Varanasi on 16.3.2012. The fourth respondent came over the property in question on 10.3.2012 for taking possession.;