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NAJMI WAZIRI, GAURANG KANTH
Dan Bahadur Singh – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT
Najmi Waziri, J. (Oral)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. Issue notice. The learned counsel named above accepts notice on behalf of the respondent.
2. The petition has been filed since the DRT concerned is not functioning today on account of all DRT Presiding Officers having gone to attend a "National Seminar for Presiding Officers of DRT at the National Judicial Academy India, Bhopal" organised by the Ministry of Finance, Government of India, which understandably would be conscious that the non- functioning of all DRTs in the country, for at least two consecutive days, would be causing prejudice to many a party. One such party is the present petitioner, who says that auction apropos his mortgaged property is scheduled for today and if the auction goes through without his case being heard on merits, the petitioner may be irreparably prejudiced and he may become remediless. His application cannot be taken up today by the DRT for the aforesaid reason. He contends that the auction cannot proceed without prior clear notice of 15 days, which was not accorded to him. Furthermore, notice has admittedly been sought to be served u
Urgent hearing and prevention of precipitate action by the DRT.
The court prioritized the need for speedy disposal of the case and directed the Debt Recovery Tribunal to hear the petitioner's case before any other rights are sought to be created in the mortgaged ....
The court prioritized the need for early adjudication of the case and directed the Debt Recovery Tribunal to hear the petitioner's case before any other rights are sought to be created in the mortgag....
The court prioritized the need for early adjudication to prevent irreparable prejudice to the petitioner in the context of property rights and auction proceedings.
Courts may direct expedited consideration of urgent applications when physical possession of property is imminent.
The court prioritizes the protection of the petitioner's rights in the mortgaged property and emphasizes the need for speedy disposal of the case to prevent irreparable prejudice.
Notice under rule 8(6) of the Security Interest (Enforcement) Rules, 2002 is mandatory and failure to issue such notice would vitiate the auction.
Failure to provide statutory notice as mandated by rule 8(6) of the Security Interest (Enforcement) Rules, 2002 vitiates the auction of mortgaged property.
Courts can issue directions for urgent relief when the functioning of tribunals is delayed.
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