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2023 Supreme(SC) 1087

VIKRAM NATH, RAJESH BINDAL
Surinder Pal Singh – Appellant
Versus
Vijaya Bank – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rajiv Kataria, Adv. Ms. Debjani Das Purkayastha, Adv. M/S. Delhi Law Chambers, AOR
For the Respondent(s): Mr. Randhir Singh Badhran, Adv. Mr. Somvir Singh Deswal, Adv. Ms. Alisha Bardhan, Adv. Mr. P. D. Sharma, AOR Mr. I.P. Singh, Adv. Mr. Dipinder Singh, Adv. Mr. Sunklan Porwal, Adv. Ms. Preeti Singh, AOR

ORDER

Leave granted.

2. The appellant has assailed the order dated 24.08.2017 passed by the High Court of Punjab and Haryana at Chandigarh, whereby the High Court dismissed the Writ Petition filed by the appellant praying for quashing of an order dated 10.04.2015 passed by the Debt Recovery Appellate Tribunal by which the Tribunal had allowed the appeal of the Borrower/Respondent Nos. 2 and 3 and permitted redemption of mortgage property. The appellant had also prayed for handing over of vacant possession of the plot in question.

3. The appellant was the auction purchaser in proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short, 'the SARFAESI Act') of the mortgaged property belonging to Borrowers/Respondent Nos. 2 and 3, which was secured with the Bank/Respondent No.1.

4. The appellant had deposited the entire auction money of Rs.70,05,000/- on 31.03.2010, whereafter the sale was confirmed on 02.04.2010 and the sale certificate was issued on 08.04.2010. However, in the meantime on 05.05.2010, the Borrowers/Respondent Nos.2 and 3 deposited the entire amount outstanding with the Bank/Respondent No.1 and the

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