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Judgment
This case is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned counsel for the Bank.
The defaulting borrower is before this Court assailing the e-auction sale notice dated 23.08.2021, whereby the auction of the secured asset was to take place on 24.09.2021.
Now, it is not disputed that the petitioner has already filed S.A. No.72 of 2021 before the Debts Recovery Tribunal, Cuttack challenging the proceedings initiated by the Bank under the SARFAESI Act, 2002 including the aforesaid sale notice by way of filing an I.A. It is also not disputed that the learned Tribunal by way of an order dated 24.09.2021 had permitted the Bank to undergo ahead with the sale but restrained the confirmation of the successful bid till 28.10.2021. Due to non-availability of the Presiding Officer of the DRT, Cuttack, the proceedings fixed for 28.10.2021 were differed till the next date. To pointed query regarding the next date, learned counsel for the petitioner expresses his inability.
However, counsel for the Bank submits that in deference to the interim order passed by the DRT, Cuttack, the successful bid received has not yet been confirmed and shall do the same only after seeking permission of the DRT, Cuttack.
In view of above, we do not find any ground to invoke our writ jurisdiction.
Accordingly, the writ petition is disposed of. The Bank shall be bound by their stand expressed through it's counsel.
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