GUWAHATI, India, Jan. 6 -- Gauhati High Court issued the following order on Dec. 5:
Heard Mr. Tawhid Laskar, learned counsel for the petitioner, who submits that the petitioner had executed an Agreement for Sale dated 09.02.2024 in favour of one buyer who had taken a loan from the Bank of Maharashtra, by mortgaging another property.
The petitioner's counsel submits that there is no Tripartite Agreement between the petitioner, the person who is to buy the property from the petitioner and the Bank. However, the Bank had issued a possession letter under Rule 8(1) of the Security Interest (Enforcement) Rule, 2002, without following the procedure required under Section 13(2) of the SARFAESI Act, 2002.
The petitioner's counsel submits that an ...