UNION BANK OF INDIA vs VIKAS INFRASKY PVT. LTD. on 29 October 2026

1. The respondents filed S.A. bearing no.709/2022 titled as **Vikas Infrasky Private Limited V. Union Bank of India** which is stated to be pending before DRT, Jaipur. DRT, Jaipur in the proceedings conducted on 10.07.2023 observed that the respondents were ready and willing to save one of the properties at serial no.3 of the sale notice dated 19.05.2023 by paying Rs.14.31 lacs against the reserve price of Rs.14.11 lacs. It was also observed that the auction was not successful. Thereafter, DRT vide the impugned order dated 17.07.2023 observed that the order dated 10.07.2023 passed by DRT has attained finality and that the respondents being applicants have every right for redemption of mortgaged property. Accordingly, DRT directed that the demand drafts of Rs.14.31 lacs and Rs.1.69 lacs, tendered by the respondents, be handed over to the Authorised Officer of the appellant and the appellant was directed to release the property papers mentioned at serial no.3 of the auction notice dated 19.05.2023 within three working days from the date of the order. Appellant being aggrieved by the orders dated 10.07.2023 and 17.07.2023 has filed the present appeal.

2. Sh. Samarendra Kumar, Advocate for the appellant stated that the order dated 10.07.2023 and 17.07.2023 were passed in utter violation of section 13(8) of the SARFAESI Act. As per section 13(8) of the SARFAESI Act, the respondents have not offered the entire outstanding dues along with all costs, charges and expenses for redemption and complete discharge and in these circumstances, the redemption of the property at serial no.3 of the auction notice dated 19.05.2023 cannot be permitted. Sh. Kumar also referred judgment of the Apex Court in **Bank of Baroda V. M/s Karwa Trading Company & another**, MANU/SC/0173/2022 and particularly referred para 6.1 and 7 of the judgment. However, Sh. Samarendra Kumar, during the course of arguments stated that subsequent to 26.07.2023 the subject property mentioned at serial no.3 in the auction notice dated 19.05.2023 has already been sold and thereafter sale certification has also been issued. Sh. Kumar in the circumstances vehemently argued that the impugned orders dated 10.07.2023 and 17.07.2023 be set aside as these were passed in violation of section 13(8) of the SARFAESI Act

3. Sh. Akash Mathur, Advocate for the respondent defended the impugned orders dated 10.07.2023 and 17.07.2023.

4. It is reflecting from the submissions made by Sh. Samarendra Kumar, Advocate for the appellant that the subject property as mentioned at serial no.3 in the auction notice dated 19.05.2023 has already been sold and thereafter sale certificate also stands issued to the auction purchaser. S.A. bearing no.709/2022 is still pending for final disposal before DRT. In view of these circumstances, the present appeal is disposed of with liberty to the parties to raise the issue of redemption of the property as mentioned at serial no.3 in the auction notice dated 19.05.2023, particularly compliance of section 13(8) of the SARFAESI Act before DRT. All the pleas and contentions available to the parties are left open to be taken before DRT.

5. Pending applications, if any, also stand disposed of.

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**(Dr. Justice Sudhir Kumar Jain)** **Chairperson**

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