JUDGEMENT
SHEKHAR B.SARAF, J. -
(1.) The petitioner no.2 herein is an asset reconstruction company. The case of the petitioners is that by way of an
assignment on March 7, 2011, the Indian Overseas Bank had
assigned the loan account of the respondent nos.3 to 5 to the
petitioners. The petitioners have taken steps under the SARFAESI Act, 2002 including symbolic position of the mortgaged property on March 29, 2017.
(2.) It is come to the notice of the petitioners that the respondent nos.1 and 2 have issued the possession notice dated March 5, 2020 on the said mortgaged property that was taken possession by the petitioners in the year 2017. Subsequently, a sale notice has also been issued by the respondent nos.1 and 2 dated June 28, 2020.
(3.) The petitioners submit that the sale may have taken place on July 17, 2020. Counsel further submits that due to the pandemic, the Debts Recovery Tribunal has not been functioning, and accordingly, the petitioners were unable to take any steps against the said possession notice and the sale notice. The petitioners have on several occasions written to the respondent nos.1 and 2 asking them to stay their hands as the properties are mortgaged with the petitioners. However, no reply has been received from the respondent nos.1 and 2 till date.;
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