MINA SAH vs STATE BANK OF INDIA on 28 January 2026

ORDER

1. This Misc. Application has been filed by applicant seeking direction to the respondent bank to settle the account for an amount of Rs.4.40 Lacs with PLR rate interest from 24.03.2012 in easy installment.

2. It is submitted by the Id. Counsel for the applicant that earlier SA 95/2017 was filed by the applicant which was disposed on 03.07.2018 vide which the possession notice dated 18.02.2010 and subsequent the sale conducted on 25.09.2012 was set aside by this Tribunal. Further, the respondent bank was directed to return the auction amount with 10% simple interest on auction amount, from the date of receiving of the auction amount, to the auction purchaser within 15 days from the date of receiving of copy of the order passed in SA. Aggrieved by the order of this Tribunal passed in SA, the respondent bank filed Appeal No.147/2018 before Hon’ble DRAT, Allahabad which was allowed by the Hon’ble DRAT to the extent that cbn*

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no cost of SARFAESI action will be recovered from authorized office of the respondent bank as directed by the Hon’ble Presiding Officer while passing the final order dated 03.07.2018 in SA 95/2017. In the meantime the applicant has full & final amount of Rs.4.40 lacs and Rs.1,17,333/- towards interest with the bank as demanded by the respondent bank vide letter dated 25.07.2018. Now nothing remains dues against the borrower but the respondent bank neither complies with the order passed in SA by delivering the possession to the applicant nor returning the amount with the auction purchaser. The Advocate Commissioner appointed by the Tribunal has also reported that the auction purchaser has refused to accept the notice of this Tribunal for the reason that the respondent bank has not returned the auction amount with interest to him. Hence, it is prayed that the respondent bank may be directed to deliver the physical possession of the property to the applicant and return the original title deed of the property in question.

3. On the contrary, Id. Counsel of respondent Bank submits that the applicant has not liquidated the dues of the respondent bank till date. The total outstanding dues as on 28.02.2021 is to the tune of Rs.16,77,449./- which has been informed to the applicant but she fails to deposit the same. The property was auctioned to the auction purchaser and physical possession was also handed over to him. The respondent bank has repeatedly requested the auction purchaser to take bank his auction amount and to hand over the physical possession of the property but the auction purchaser is neither receiving the auction amount nor delivering the physical possession of the property in question. The respondent bank has also tried to get the Police assistance from the office of DistriCt Magistrate but no such assistance has been provided so far. On the' request of the bank this Tribunal has also appointed Advocate Commissioner to serve the notice and to participate in the proceeding of present MA but the auction purchaser has not appeared till date.

4. Heard Ld. Counsel for the parties and went through the record.

5. ' The present MA has been filed by thd ap'plicant for seeking direction to the respondent bank to sett16 the account for an amount of Rs.4.40 Lacs with PLR rate interest from 24.03.2012 in easy installment and further prayed to return the original title deed and restoration of physical possession of the property in compliance of order dated 03.07.2018 passed in SA 95/2017.

6. The SA 95/2017 was disposed of oil 03.07.2018 whereby the possession notice dated 18.02.2010 and subsequently the sale /@\

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conducted on 25.09.2012 was set aside by this Tribunal. The Sale Certificate dated 10.10.2012 was also set aside. Possession was restored back to the applicant. Further, the respondent bank was directed to return the auction amount with 10% simple interest on auction amount, from the date of receiving of the auction amount, to the auction purchaser within 15 days from the date of receiving of copy of the order passed in SA. It was also directed that the cost so incurred by the respondent bank be recovered from the authorized officer of the respondent bank. Aggrieved by the order of this Tribunal, the respondent bank approached to Hon’ble DRAT by filing Appeal No.147/2018 which was allowed by the Hon’ble DRAT to the extent that no cost of SARFAESI action will be recovered from authorized office of the respondent bank as directed by the Hon’ble Presiding Officer while passing the final order dated 03.07.2018 in SA 95/2017.

7. In view of the above facts, the respondent bank has to comply with the order of this Tribunal by returning the auction amount with 10% simple interest to the auction purchaser and by restoring the possession of the property in question to the applicant.

8. In order to ascertain the facts and position of the compliance, this Tribunal had appointed an Advocate Commissioner who has submitted its report on 13.01.2025 vide which it has been informed that the auction purchaser’s amount with interest has not been returned to him till date by the respondent bank despite he is ready to accept the same. The respondent bank is only making several correspondences in this regard but no compliance has been made till date

9. So far as compliance of restoration of the physical possession of the property is concerned, it has been reported by the Advocate Commissioner that the property is open land having boundary and lock and admitted position that the applicant is having Physical Possession of the property since the auction purchaser has never visited on the property after setting aside the auction sale by this Tribunal.

10. So far as request of applicant for direction to return the Original Title Deed is concerned, entire dues of the respondent bank has not been liquidated by the applicant resulting the loan account has not been closed yet. Therefore, this request of the applicant is not tenable in the eyes of law. It is also clarified that the Tribunal cannot insist on any party for compromise or settle the account on the given terms. n / VW\\

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ORDER

In view of the above discussion, this Misc. application is dismissed, accordingly. A copy of this order is given to the parties. Consign the record. [KaushalendraYadav] Presiding Officer Debts Recovery Tribunal, Patna Date : 28.01.2026