Debts Recovery Tribunals and Appellate Tribunals
Mukesh Kumar vs INDIAN BANK on 16 October 2026
**DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI**
**Misc. Appeal No.369/2026
Arising out of SA No.83/2025 (DRT-II, Delhi)**
**Item No.7**
**Mukesh Kumar
V.
Indian Bank**
**16.10.2026 Hon'ble Dr. Justice Sudhir Kumar Jain**
Present: Sh. Gaurav Srivastava, Advocate for appellant Ms. Seema Gupta, Advocate for respondent through VC
This matter is taken up through Hybrid hearing.
1. 1. The appellant filed S.A. bearing no.83/2025 titled as **Mukesh Kumar V Indian Bank** which is stated to be pending before DRT-II, Delhi. The appellant being the S.A. applicant filed application bearing I.A. No.3005/2026 for seeking stay/setting aside of the sale notice dated 08.09.2026 whereby e-auction was fixed on 12.10.2026 or refer the matter to mediation for settlement of the dispute. DRT-II, Delhi vide impugned order dated 09.10.2026 has dismissed the application bearing I.A. No.3005/2026 primarily observing that the similar relief has already been declined vide order dated 12.03.2025 and the similar pleas cannot be again agitated and adjudicated by DRT-II, Delhi.
2. 2. Ms. Seema Gupta, Advocate for the respondent stated that the physical possession of the subject property was taken on 17.03.2025 and thereafter the e-auction of the subject property has already been conducted on 12.10.2026 with successful auction. However, it is further stated that the possession of the subject property is not handed over to the auction purchaser after issuance of sale certificate.
3. 3. In view of the submissions, the present appeal is disposed of with the liberty to the appellant to file appropriate application for impleading the auction purchaser and thereafter to pray on the requisite/necessary reliefs against the respondent as well as the auction purchaser within a week and thereafter if such application is filed, DRT-II, Delhi is directed to consider the said application in accordance with law.
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4. As prayed by Sh. Gaurav Srivastava, Advocate for the appellant, DRT-II, Delhi may also consider referring the dispute between the concerned parties to mediation to any mediation centre subject to the convenience of the concerned parties. The pending applications, if any also stands disposed of.
A pink rectangular sticky note with the handwritten initials 'Sd' in blue ink. The note is placed over a horizontal dashed line.
----- **(Dr. Justice Sudhir Kumar Jain)** **Chairperson**
-v\$
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