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Judgment
Anoop Chitkara, J
An auction-purchaser has come up before this Court on the grounds that the Punjab National Bank has not delivered the physical, actual and
constructive possession to the petitioner despite his having paid the entire amount.
Notice, which is confined only to the second respondent. Mr. Sunil Kumar, Advocate appears and accepts service of notice on its behalf.
In view of the nature of the order, I propose to pass, no response is required from the respondents.
The petitioner was an auction purchaser pursuant to the acquisition of the property under SARFAESI Act. The Punjab National Bank sold the
property vide an auction to the petitioner, who allegedly paid the entire amount. After that the dispute arose between second respondent-Punjab
National Bank and third respondent- Bank of Baroda.
The petitioner filed an application before DRT, which was registered as IA No.218 of 2020 for preponing the case, which was already fixed for
hearing on 22nd March, 2021, on the grounds that the although he had paid the entire amount, yet the physical possession of the property is not
delivered to him. vide order dated 2.11.2020, learned Presiding Officer, Debts Recovery Tribunal (I), Chandigarh, dismissed the application on the
grounds that there is no urgency to prepone this case.
The fact of the matter is that the auction purchaser had paid the entire amount and allegedly after obtaining the loan of approximately rupees fifty
lacs from Pnujab National Bank, on which, he is supposed to not only pay the interest, but also refund the installments. Once the auction purchaser
had paid the entire amount, learned Debts Recovery Tribunal should have considered this fact that the auction purchaser would come up under huge
and unbearable financial burden because all his plans would go into jeopardize. Therefore, there is no reason for the learned Presiding Officer to
dismiss the application and he should have heard the entire matter by preponing the same.
Given above, the petition is disposed of with a request to the Debts Recovery Tribunal-I, Chandigarh to prepone the matter and decide the same as
early as possible preferably within one month from today. It is made clear that there is no need to apply for the certified copy of this order and learned
counsel for the petitioner can download the same from the website of High Court and attest the same to be true copy. In case any person has any
objection about the authenticity of the same, then such person may also download and cross-check. Pending application(s), if any, are closed.