JUDGEMENT

Instant appeal preferred against the order dated 21.09.2017passed by learned DRT-III Kolkata in S.A. No. 242 of 2017.

2. Heard learned counsel for the parties and perused the records.

3.As would appear from the record that S.A. 242 of 2017 was filed by the respondent herein before learned DRT-III wherein anorder was passed on 17.07.2017 directing that the S.A. applicant(respondent herein) should deposit Rs.1.00 lakh by21.07.2017 i.e. the date of auction sale, and next week Rs.50,000/- to the respondent bank and in the case of compliance of the order bank shall defer the auction sale. Itappears that after passing of the order, Pay-order of Rs.1.00 lakh was prepared and was sent to the bank which was received on25.07.2017 and remaining Rs.50,000/- was also received by thebank on 29.07.2017. However, bank conducted the auction sale, which was challenged before the learned DRT where in the impugned order was passed holding that bank has violatedTribunal’s order dated 17.07.2017. Accordingly, auction saleconducted by the bank on 21.07.2017 was quashed with consequential order.

4. Learned counsel for the appellant submits that learned DRThas erred in arriving at a conclusion