HON’BLR MR. KAMAL DE, PRESIDING MEMBER

Order No. : 02
Date : 24.08.2022

Complainant is present through Ld. Lawyer.

The case is taken up for admission hearing.

Heard Ld. Lawyer for the complainant. Considered.

It appears that the property involved in this case is auction sale/purchase.

The complainant alleges that the officials of Punjab National Bank (OP) suppressed all materials facts and persuaded him to take part in the auction sale and the complainant deposited the security money 10 % of the reserve price so fixed by the bank for sale of the property on auction sale. The complainant as we find is the bidder in the said auction sale and deposited a sum of Rs. 13,70,000/-  being 25% of the reserved price. Moreover, we find that other litigations have been pending in Civil Courts at Asansol and in the State of Bihar and in D.R.D. Kolkata and in D.R.A.T. Kolkata involving the subject matter of the auction property. Auction sale/purchase is not attracted under C.P. Act, 2019. Moreover, complicated questions of law and fact are involved in the instant case and which cannot be determined without taking exhaustive evidences and which is not possible in summary trial under C.P. Act.

It is also alleged that the Bank has forfitted a sum of Rs. 13,70,000/- so deposited by the complainant relying upon protection under the SARFAESI Act.

This Commission has jurisdiction to intervene the Act of Bank under recourse to SARFAESI Act.

We are afraid the instant case is not maintainable either in fact or in law in C.P. Act, 2019.

The case as such is not admitted.

Hence,

                                    ORDERED

That the instant case be and the same is dismissed being not maintainable in C.P. Act, 2019.

The instant case is thus disposed off accordingly.