writ petition was dismissed. Another Writ Petition No. W.P. 14968 of 2005

Reportable/Non-Reportable
                                           
      
  
     Appeal No. 09 of   2024-DRAT-Kolkata
     IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
   THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
               CHAIRPERSON
Appeal No. 09 of 2024
         (Arising out of S.A. 107 of 2005 in DRT, Visakhapatnam) 
1. M/s.  VST Constructions, resident  of  Machilipatnam, Krishna District.
2. Smt. V. Viyyamma, W/o Raghavaiah,  R/o  D.No. 1/359, Avanigadda, 
Krishna District .
    ....  Appellants.
                
         
-Versus-
1. Canara   Bank,   Regional   Office,   Represented    by   its   Authorised 
Officer/Regional Manager, Mogalrajapuram, Vijayawada -10;
2. The  Branch Manager, Canara  Bank,  Machilipatnam,  Krishna District; 
3. S. Satyanarayan,  S/o Ramakrishnaiah (Died)
4. S.     Venkataratnamma,     W/o   S.    Satyanarayana,    Resident    of 
D.  No. 5-19, Avanigadda, Krishna District ;
5. Dr.  S. Chandra  Sekhar Rao, S/o S. Satyanarayana, Resident of  Road 
No. 10/C, Plot No.170, Jubilee Hills, MLA & MP Colony, Hyderabad;
6. Dutta Uma Maheshwar Rao, S/o Veera Raghavaiah, Resident of  D.No. 
5-60, Avanigadda, Krishna District .
                       …  Respondents
Counsel for Appellants     
 …   
Mr. Nemani Srinivas
Counsel for Respondents No. 1 & 2 
 …   
Ms. Aparajita Rao            
Ms. Swastika Roy
Counsel for Respondent No. 4 & 5
…
Mr. Subhojoy Sen
Counsel for rews No. 6
…
Mr. Surajjit Chakraborty
JUDGMENT                         
:   
 12th August, 2024
THE APPELLATE TRIBUNAL : 
Instant appeal has been preferred against judgment and order 
dated 14.12.2018 passed by Learned DRT, Visakhapatnam dismissing
the SARFAESI Application No. 107 of 2005 (M/s. VST Constructions 
-vs- The Syndicate Bank & Others).    

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  Appeal No. 09 of   2024-DRAT-Kolkata
2.
As per pleadings of the parties, facts of the case are that the 
Appellant herein availed a mortgage loan from Respondents No. 1 and 
2 which was classified as N.P.A. and SARFAESI proceedings were 
initiated. Demand Notice under Section 13 (2) of the SARFAESI Act, 
2002 (hereinafter referred to S.A. the Act) was issued which was 
challenged in W.P. 22077 of 2003 and was dismissed by the Hon’ble 
Andhra Pradesh High Court.  Thereafter, Appellant submitted an OTS 
proposal to the Bank which was not accepted.  Sale notice dated 
10.01.2005 was issued which was again challenged before the Hon’ble 
Andhra Pradesh High Court by filing W.P. 778 of 2005 and was 
disposed of on 8.6.2005.  It was observed by the Hon’ble High Court 
that auction was conducted on 24.1.2005 and the same was confirmed 
in favour of the highest bidder, i.e. Respondent No. 3. Accordingly, 
offer made by the Appellant could not be accepted and the writ 
petition was dismissed. Another Writ Petition No. W.P. 14968 of 2005 
was filed by the Appellant.  As the details of confirmation of sale were 
published by the Respondents No. 1 and 2, the writ petition was 
disposed of on 12.7.2005.  
3.
An appeal, being W.A. 1096 of 2005, against the order passed in 
W.P. 778 of 2005 was filed by the Appellant and S.A. 107 of 2005 was 
also filed challenging the sale notification dated 10.01.2005.  
4.
Appellant was permitted to withdraw W.A. No. 1096 of 2005 with
liberty to challenge the confirmation of sale dated 24.01.2005 in the 
S.A. 107 of 2005.  
5.
S.A. 107 of 2005 was dismissed vide order dated 12.7.2006 by 
the Learned DRT holding that the application under Section 17 of the 
SARFAESI Act, 2002 was not maintainable once the sale is confirmed. 
Feeling aggrieved, Appeal Tender No. 169 of 2013/15 was filed before 
the DRAT, Kolkata which was allowed on 11.5.2017 holding that the 
Appellant has a right to challenge the proceedings and the matter was 
remanded back to Learned DRT. Subsequently, S.A. 107 of 2005 was 
dismissed by the impugned order on 14.12.2018. 

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  Appeal No. 09 of   2024-DRAT-Kolkata
6.
Feeling aggrieved, the Appellant preferred the in

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