GUWAHATI, India, Jan. 6 -- Gauhati High Court issued the following order on Dec. 5:
Heard Mr. Tawhid Laskar, learned counsel for the petitioner, who submits that the petitioner had executed an Agreement for Sale dated 09.02.2024 in favour of one buyer who had taken a loan from the Bank of Maharashtra, by mortgaging another property.
The petitioner's counsel submits that there is no Tripartite Agreement between the petitioner, the person who is to buy the property from the petitioner and the Bank. However, the Bank had issued a possession letter under Rule 8(1) of the Security Interest (Enforcement) Rule, 2002, without following the procedure required under Section 13(2) of the SARFAESI Act, 2002.
The petitioner's counsel submits that an Advertisement had been issued for auction of the property in question on 28.10.2025. However, the same has not been done till date.
Issue Notice returnable in a week.
Petitioner to take steps for service of notice upon the respondents by Speed Post within 2 (two) days.
In addition to the above, the petitioner shall also serve notice by way of dasti service upon the respondent nos.1 & 2 and file affidavit of service thereafter.
List the matter on 12.12.2025.
Disclaimer: Curated by HT Syndication.
