Anil Kumar Sharma and Another v. Bank of India and 3 Others

Court No. - 3 Case :- WRIT - C No. - 40523 of 2023 Petitioner :- Anil Kumar Sharma And Another Respondent :- Bank Of India And 3 Others Counsel for Petitioner :- Nikhil Kumar,Prashant Kanha Counsel for Respondent :- Vatsala Hon'ble Siddhartha Varma,J. Hon'ble Shekhar B. Saraf,J.

¶1This writ petiton has been filed against the sale notice dated, by which the auction was fixed for 25.9.2023.

¶2It is the contention of the learned counsel for the petitioner that no auction took place on that date as no bidder appeared. Learned counsel for the petitioner states that the petitioner has neither mortgaged the property nor had ever taken any loan.

¶3Ms. Vatsala, learned counsel for the Bank states that when the petitioner purchased the property on 22.7.2019, it was already mortgaged. She further states that as per the judgment of the Supreme Court in Celir LLP vs. Bafna Motor (Mumbai) Pvt. Ltd. & Ors. (Civil Appeal Nos.5542-5543 of 2023 decided on

21.9.2023), no interference can be made by this Court.

¶4Having heard learned counsel for the parties, we do find that there are disputed questions of fact involved in the case. If the petitioner is aggrieved by the auction etc., he may approach the Debts Recovery Tribunal for redressal of his grievance.

¶5With these observations, the writ petition is disposed of. Order Date :- 2.12.2023 Kuldeep (Shekhar B. Saraf,J.) (Siddhartha Varma,J.) High Court of Judicature at Allahabad