Debts Recovery Tribunals and Appellate Tribunals

MRS INDU CHAUHAN vs IDFC BANK LIMITED on 14 May 2024

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**ORDER-SHEET** Page No. ....

**DEBTS RECOVERY TRIBUNAL, DEHRADUN**

**M.A. No. 40 of 2024**

**Mrs. Indu Chauhan Vs. IDFC First Bank Ltd. & Anr.**

**Date: 14.05.2024**

Item No.29

Present: Sh. Kunal Lal, Counsel for the Applicant Sh. Pallav Sharma, Counsel for respondent bank Called out, Ld. Counsel for the parties present.

This petition has been filed by the applicant for quashing order dated 30.05.2023 in S.A.101 of 2020. The prayer has been made by the applicant for restoration S.A. No. 101 of 2020 and quashing auction sale scheduled on 30.04.2024.

As per Ld. Counsel for respondent bank the said auction sale has failed due to non- receiving of bid in relation to auction sale notice in question.

The applicant has approached this Tribunal against auction notice issued by the respondent bank, the said notice can be challenged by the applicant under Section 17 of the S.A.R.F.A.E.S.I. Act not in this manner even though the said sale notice have no effect presently as per version of Ld. Counsel for respondent bank The applicant has also filed judgement passed by this Tribunal in S.A. No. 101 of 2020 Mrs. Indu Chauhan Vs. IDBI First Bank Ltd. & Ors. as Annexure-1. The said order/judgement has been passed by this Tribunal after considering whole of the situation of the matter and the principle laid down by the Hon'ble Supreme Court in Dalip Singh Vs. State of U.P. & Ors. Civil Appeal No.5239 of 2002 has also been considered after hearing Ld. Counsel for the parties at length.

The said order/judgement has not been passed by this Tribunal in default of the applicant or in absence of applicant. The said order/judgement was passed after hearing of Ld. Counsel for the parties.

If the applicant had felt any pre-judice from the said order/judgement dated 30.05.2023 could approached Hon'ble Debts Recovery Appellate Tribunal under Section 18 of the S.A.R.F.A.E.S.I.

**ORDER-SHEET** Page No. ....

**DEBTS RECOVERY TRIBUNAL, DEHRADUN**

**M.A. No. 40 of 2024**

**Mrs. Indu Chauhan Vs. IDFC First Bank Ltd. & Anr.**

Act in appeal and not entitled to file Miscellaneous Application for restoration/recall of the said order/judgement or quashing the said order/judgement by the same forum.

Presently cause of action has also not been survived as the auction sale in question failed.

In the light of above, this petition is not maintainable and liable to be dismissed as per circumstances of the matter.

Hence dismissed. No order as to cost.

Interim order, if any, vacated. All Interim Applications are also disposed off in the light of above.

If applicant feels any pre-judice from this order of the Tribunal, may approach Hon'ble Debts Recovery Appellate Tribunal in Appeal under Section 18 of the S.A.R.F.A.E.S.I. Act.

Record be consigned.

**Dated:14.05.2024**

14.05.2024 (Umesh Kumar Sharma) Presiding Officer DRT, Dehradun

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