- (1.) Aggrieved by order dated 16.07.2014 in S.A. No. 82 of 2014 passed by the Presiding Officer, the Debts Recovery Tribunal, Ranchi and challenging Eauction notice dated 12.06.2014, the petitioner has filed this writ petition. Further prayer seeking direction upon the respondent Bank to disclose the name of the bidders and the consideration amount for which the property in question was sold, have also been made.
(2.) The brief facts of the case are that, the petitioner availed the loan from the respondent State Bank of India vide loan a/c nos. 30311583859 and 30311609880. The loan account of the petitioner was declared Non Performing Assets (NPA) and thereafter, the respondent Bank invoked the provisions of SARFAESI Act, 2002 and issued notice under Section 13(2) to the petitioner. Subsequently, a notice under Section 13(4) was also issued to the petitioner. Challenging the notice issued under Section 13(4), the petitioner filed S.A. No. 82 of 2014 before the Debts Recovery Tribunal, Ranchi. An application in the pending SARFAESI Appeal was filed seeking stay of auction notice dated 13.06.2014. By order dated 16.07.2014, the petitioner was afforded opportunity to deposit 17 lacs. on 17.07.2014 by 12.00 noon. The learned Presiding Officer, D.R.T. directed the Bank not to resort to sale on 16.07.2014 however, it was made clear that in the event the amount of Rs. 17 lacs is not paid, the Bank shall proceed with Eauction according to law on 17.07.2014 or 18.07.2014, without giving any further notice to the borrower.
(3.) A counter affidavit has been filed on behalf of the respondent Bank raising a preliminary objection to the maintainability of the writ petition. It is stated that the petitioner has already preferred S.A. No. 82 of 2014 under Section 17 of the SARFAESI Act, 2002 and against the impugned order dated 16.07.2014 the petitioner has a remedy of appeal under Section 18 of the SARFAESI Act, 2002. It is stated that notice dated 10.09.2012 was served upon the petitioner and the same was published in two daily newspapers namely "Dainik Hindustan" (Hindi) and "Hindustan Times" (English). The matter was taken to Bank Lok Adalat on 06.11.2012 and the petitioner undertook to pay the entire outstanding loan amount however, the petitioner failed to honour the undertaking given before the Bank Lok Adalat. The date for auction was fixed on 16.07.2014, after giving 30 days' clear notice to the petitioner. It is stated that on 16.07.2014 at the eleventh hour, the petitioner brought the matter before the Tribunal and offered to pay Rs. 17 lacs. The Eauction has taken place from Ahmadabad but no bidder turned up.;