PATNA, India, Sept. 10 -- Patna High Court issued the following judgment on Aug. 13:
1. The Writ petition is filed for the following reliefs:-
(i) For quashing of the Eauction notice published by the respondent bank in the daily newspaper Dainik Bhaskar dated 11.11.2018 for the sale of the property with respect to the petitioner described therein at serial No. 3 of the E-auction notice to be scheduled on 28.11.2018.
(ii) Further for direction to the respondents not to take any coercive action for sale of the land of the petitioner which he has acquired by way of purchase vide registered sale deed bearing No. 4260 dated 22.05.2015 executed jointly by Most. Saroj Devi and Sri Jang Bahadur Mahto which is prior to the date of mortgage.
(iii) For a direction to the respondent bank not to take any action under SARFAESI Act with respect to the land owned by the petitioner which he has acquired prior to the mortgage.
(iv) For any other appropriate relief/reliefs for which the petitioner is found entitled in the facts and circumstances of this case.
2. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.
3. The Hon'ble Apex Court, in the case of United Bank of India v. Satyawati Tondon, reported in (2010) 8 SCC 110, held as follows:
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjIzMjkjMjAxOCMxI04=-1D14GTUjW--am1--Q=
Disclaimer: Curated by HT Syndication.
