JUDGMENT

Jyotsna Rewal Dua, J. - Whether auction proceedings conducted under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, 2002 and Rules framed thereunder can be challenged in writ jurisdiction of this Court by a person, who though participated in the auction proceedings, but was neither the borrower nor the secured creditor, is the question, which needs to be adjudicated before merits of the matter can be ventured into.

2. Bare minimum facts required to be noticed at this stage:-

2(i) Respondent No.6 had availed several credit facilities from respondents No.1 & 2 (The Kangra Central Cooperative Bank Limited). It defaulted in meeting its financial obligation towards the bank, therefore, the respondents-bank taking recourse to SARFAESI Act, decided to sell the secured-movable and immovable properties of respondent No.6, by holding E-auction of the same.

2(ii). The E-auction notice for sale of secured movable/immovable assets under the SARFAESI Act read with proviso to Rule 6(2) and Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, was issued for 03.07.2020. Petitioner participated in th