JUDGMENT : 28st April, 2026 THE

APPELLATE TRIBUNAL :

1.Heard the Ld. Counsel for the parties.

2. Instant Appeal has arisen against the order and judgement dated 15.05.2024 passed by Learned Debts Recovery Tribunal - 1 Hyderabad in SA 13/2019 whereby sale conducted by the Appellant Bank was set aside and the bank was directed to refund the amount of sale consideration to the Respondents No. 2 to 5 who are auction purchasers of the schedule property.

3. As per pleadings of the parties, undisputedly, Respondent No.1 is borrower of the Appellant Bank and Respondents No.2 to 5 are the auction purchasers and Respondents No. 6 & 7 are the subsequent auction purchasers of the secured assets. It is not in dispute that the 1st Respondent borrower availed financial facilities from the Appellant Bank and the loan account became irregular and the same was classified as NPA as per the guidelines of RBI. Notice under Section 13(2) of the SARFAESI Act, 2002 was issued on 21.07.2016, Possession Notice was issued on 29.09.2016 and different sale notices were issued by the bank but sale could not be fructified. Ultimately, sale notice dated 16.02.2019 was issued by the Bank and sale was conducted on 22.0