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2023 Supreme(All) 557

SAURABH SHYAM SHAMSHERY
Shree Bhoomi Food Beverages Private Limited – Appellant
Versus
Debts Recovers Appellate Tribunal – Respondent


Advocate Appeared:
For the Appellant :Sri Shashi Nandan, Senior Advocate assisted by Sri Gyan Prakash Srivastava, Advocate
For the Respondent:Sri Sanjai Singh and Sri Krishna Mohan Asthana, Advocates

JUDGMENT :

Facts :

1. Punjab National Bank (respondent no.3 bank) has granted certain credit facilities to M/s Shamli Papers Mill Ltd. (respondent no.5/borrower company), however, it defaulted in payment.

2. The Bank accordingly initiated proceedings under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI”) and mortgaged property was put for auction. At this stage, the borrower company filed a Securitization Application (S.A.) No. 160 of 2010 before Debt Recovery Tribunal at Lucknow (for short “DRT”).

3. The DRT passed an interim order dated 19.07.2011, whereby the bank was allowed to proceed further for auction but restrained the bank not to confirm the sale till further order.

4. First sale notice was not materialized, therefore, bank issued fresh sale notice and ultimately auction was materialized on 17.02.2014. Petitioner (auction purchaser) deposited complete sale price and sale certificate was also issued on 03.03.2014 to auction purchaser.

5. Petitioner (auction purchaser) filed an application before DRT for impleadment and clarification of interim order dated 19.07.2011 passed by DRT.

6. On a

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