Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002—Section 17—Sale of secured asset—Any person aggrieved could take up the matter before D.R.T. insofar as a proceeding under SARFAESI Act is concerned—Proprietor of firm had interest in property after death of his father—When proceedings under SARFAESI Act is taken, borrower and mortgagor are both parties interested in proceedings—Merely because mortgagor has not been impleaded, it does not follow that borrower cannot file an application under Section 17—Borrower, son of mortgagor, who died even before security proceedings were initiated, had interest in property along with other legal heirs of deceased mortgagor—LPA dismissed. (Paras 4, 5 and 7)

Cases Referred:

Rahmatullah vs. Authorized Officer-cum-Chief Manager, Central Bank of India, C.W.J.C. No.17999 of 2017; United Bank of India vs. Satyawati Tondon, (2010) 8 SCC 110—Relied.

K. Vinod Chandran, CJ.—Two writ petitions were disposed of by a common order. The appellant challenged the order passed in the writ petition filed by her. The bank, which was the petitioner in the other case, has not filed an appeal.

2. The authorized office