M/s New Bajaj Saree Centre and Another vs Debts Recovery Appellate Tribunal and Others

M.M. Kumar, J.—The petitioners have approached this Court with a prayer for quashing of auction notice dated 10/12.2.2012 published in the newspaper "Sunday Express" with regard to sale of Booth No. 179, Sector 35-D, Chandigarh by inviting tenders, to be opened on 14.3.2012 at the Zonal Office of State Bank of Patiala-respondent No.4. It has come on record that an appeal has been filed by the petitioner titled as M/s New Bajaj Saree Centre and another Vs. Authorized Officer, State Bank of Patiala, which is posted for hearing on 28.3.2012 and a direction has been sought for disposal of the appeal. It has also been submitted that till the decision of the appeal no auction may take place. After hearing the learned counsel and without expressing any opinion on the merits of the case, we are of the view that ends of justice would be met if a direction is issued to the Debts Recovery Appellate Tribunal-respondent No.1 to decide the appeal of the petitioner posted for hearing on 28.3.2012 on that date itself and till the decision of the appeal, respondent No.4-Bank may not confirm the auction, with which it may otherwise proceed.

In view of the above, the writ petition is disposed of and a direction is issued to respondent No.1 to decide the appeal of the petitioner, now fixed for 28.3.2012 on that date itself or any other date. Meanwhile, the Bank shall proceed with auction notice dated 10/12.2.2012 but the auction may not be confirmed till the decision of the appeal pending before respondent No.1.

Writ petition is accordingly disposed of in above terms. A copy of this order be given dasti, on payment of usual charges.