M/S Harish Chandra (India) Ltd. & Ors. v. Andhra Bank & Anr.

1. Challenge in this writ petition is to the order dated 27.08.2015 passed by the Debt Recovery Appellate Tribunal (DRAT) by which an appeal filed by the petitioner herein against the order dated 15.12.2014 of Debt Recovery Tribunal (DRT) was dismissed. The Presiding Officer, Debt Recovery Tribunal declined to grant interim injunction in the SA filed by the petitioner herein.

2. Learned counsel for the petitioner submits that the property bearing No. 36 Kanal 13 Marla at Vaka Siwana, Mauja Sohana, District Gurgaon, Haryana could not have been a subject matter of sale in view of the explicit bar under Section 31 (i) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Additionally it is submitted that the petitioner had challenged the sale of the property 2015:DHC:9236-DB

3. Notice. Mr. Gaur, learned counsel for the respondent No. 1/bank accepts notice and submits that the property in question already stands sold and sale certificate stands issued in favour of the Auction Purchaser.

4. Having regard to the subsequent events, no further orders are required to be passed in the writ petition. However, we direct the Presiding Officer, Debt Recovery Tribunal-II to decide the pending SA filed by the petitioner as expeditiously as possible and preferably within a period of eight weeks. Present writ petition along with all pending applications are disposed of in above terms. G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J NOVEMBER 05, 2015 gr