Arun Kumar Sharma vs Union Of India And Others

Sabyasachi Bhattacharyya, J

For the records, it is clarified that since the petitioner himself is in Guwahati at present, the petitioner's son, namely, Aman Sharma, who has affirmed the jurat of the writ petition, is given the leave to move the matter in place of the petitioner. Such leave is granted only because of the extreme urgency involved, inasmuch as further delay in obtaining the power of attorney from the petitioner shall render the writ petition infructuous, because the impugned auction sale is scheduled to be held tomorrow, that is, March 21, 2020.

It is submitted by the petitioner's son, with the leave of the court, that the petitioner's property is going to be auctioned, which will throw the petitioner and his family members on the street, since the property-in-question is the residence of the petitioner and his family.

It is submitted further that the petitioner is prepared to pay back the entire dues of the respondent nos. 1 to 4, for non payment of which the petitioner's account was declared as NPA on February 17, 2017, within a reasonable time.

In the light of such offer being made and several notices having been given to the bank, the receipts of which are filed in Court today, the bank allegedly has not paid any heed to the petitioner's plea to repay the entire dues.

In view of the imminent plight of the petitioner and his family, that if the auction sale is carried out, the petitioner will be ousted from his residence with his family, despite being willing to repay the amounts due from the petitioner to the respondent-bank, the matter is taken up and heard even in the absence of the respondents, despite the notification of this Court stating that no matter ought to be taken up if all the parties are not present.

In the opinion of this Court, on the facts as pleaded and submitted today, a last opportunity ought to be given to the petitioner to repay his entire dues within a limited period, keeping in view of the balance of convenience and inconvenience of the auction sale being held or not.

Accordingly, the respondent nos. 1 to 4 are restrained by an order of injunction from holding auction sale in respect of the petitioner's mortgaged property at Mouza-Abdalpur under Khatian No. 325, Dag No. 25, Holding No. 201/2, Vivekananda Nagar under Madhyamgram Municipality, Barasat Police Station, District- North 24-Parganas, covered under Title Deed No. I-00110 of 2011, in terms of the notice of auction sale, till April 30, 2020 or until further order, whichever is earlier.

The matter will next appear for hearing on April 20, 2020 at 10.30 a.m. under the same heading.

Liberty is given to the deponent affirming the affidavit supporting the writ petition, namely, Aman Sharma, the son of the petitioner, to communicate this order to the respondent nos. 1 to 4.

If so communicated, the said respondents shall act on such communication, without insisting on a certified copy of the same.

The sale notice-in-question and the documents regarding service, filed today in court, are kept on record.