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122 views7 pages

Untitled

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Vishal
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DEBTS RECOVERY TRIBUNAL - II, AHMEDABAD RP No.208/2021 In OA No.378/2018 State Bank of India Vs. M/s. Gayatri Fashion & Ors. 02.08.2022 Present: Mr. A. P. Joshi, Counsel for the CH Bank. None for CDs The Id. Counsel for the CH Bank has stated that last auction was failed due to no receipts of bids. He has requested that the sale notice may be issued fixing the reserve price @10% below from the last auction sale notice or as the Court may deem fit in the interest of recovery. 2. I have perused the record and observed that the auction was failed. Let sale notice be issued fixing the reserve price below 10% from last auction. 3. It is made clear that reserve price is not a price on which property will be necessarily sold. Rather reserve price is always an indicative price and in case of such distress sales through courts, if the reserve price is kept at competitive level, there are chances of participating more and more prospective buyers and possibility of success of sale is always more and also properties may fetch higher price. 4. Accordingly description of properties, reserve price and EMD based on the fair market value is hereunder:~ Lot | Description of the property Reserve EMD 10% Ne. | | price or (Rounded — (Rounded off) off) All that piece and parcel of plot no. A/47, admeasuring about 65.28 Sq. Mtrs. With margin land admeasuring about 29.73 Sq Mtrs. in all total land area admeasuring [about 95.01 sq._mtrs. with construction | standing thereon admeasuring about 78.28 sq. mtrs. (Super built up area) along with | [Link] | s, 2.70 Lakhs undivided share in the land of the scheme admeasuring about 40.30 sq. mtrs. in all total area of land with construction admeasuring about 135.31 sq. mtrs. of Nandanvan Township, constructed on the land bearing Revenue Survey No.214 Paiki, Block No.315 to 320, T.P. Scheme No.41, Final Plot No, 4 to 9 (as per T. R. final Plot No. 13) and as per revised plan Sub-Dist. | | " | |__| Surat, DEBTS RECOVERY TRIBUNAL - II, AHMEDABAD &.. The property would be sold by way of e-auction. The salefauction shall be governed by the prescribed terms and conditions as mentioned in the sale notice to be published in the newspapers and also detailed terms and conditions which will not be published but uploaded on the official website of e-auction agency For the purpose, M/s E-Procurement Technologies Ltd. is appointed to carry out the sale process through their official websi [Link] 6. The details of the property, reserve price and EMD are hereunder: SCHEDULE OF AUCTION 1] Spot_notice through affixation, paper | Latest by 16.08.2022 | Publication, beating of drums, penchnama, photographs latest by iG a Inspection of property SiGEIOIE, Histo 0200pm | Last_date for receiving Bids alongwith | 28092027 Upto 05 00am ‘earnest money and uploading documents including proof of payment made @ | e-auction 3009.2022, Between 12.00pm to (1.30pm (with auto extension clause of ‘3 minutes, till E-Auction ends) 7. The CH bank will follow the following terms and conditions while compliance of sale notice:~ * A copy of sale notice alongwith terms and conditions containing two pages be supplied to the e-auction agency which is directed to upload the sale notice alongwith terms and conditions on the website. * A copy of sale notice along with copies of valuation reported be displayed on the Notice-Board of this Tribunal. * The officer of concerned branch/ARMB/SAMB/SARB is Oh hereby appointed as Court Commissioner to proclaim the \ sale on/near the properties by customary mode i.e. beat of drum or other customary mode by distribution of hand bills, displaying banners etc. * The bank is directed to publish the sale notice one in English and one in Vernacular language having wide Circulation where CDs are residing and also in the area where the properties are situated + The bank is directed to affix the sale notice on some conspicuous part of the properties ordered to be auctioned, after drawing proper panchnama and photographs of affixation as per aforesaid schedule. DEBTS RECOVERY TRIBUNAL - II, AHMEDABAD + The CH bank is directed to serve copy of this order along with Form No.22 (Earlier 62) to the certificate debtors alongwith copies of valuation report at their known addresses by Regd. AD Post, at least 30 days before the date of auction. + The CH bank shall exhaust all the permissible efforts for auction to attract maximum bids and to realise highest amount for the properties to be auctioned. 8. Detailed terms and conditions of auction are being issued separately alongwith Sale Notice. However as stated above detailed terms and conditions need not to be published but shall be uploaded on the website of the e-auction agency which shall form part of the sale notice. CH Bank must ensure the strict compliance. Matter be listed on 02.09.2022 for compliance affidavit by the CH bank. ta Recovery Officer-II DRT-II, Ahmedabad t Government of India secrercere Ministry of Finance Debts Recovery Tribunal, grrer tftanrtL 3° Foot, Bhikhubhoi Chambers, eran, gobo, Near Koctab Aram, Pald, Ahmedabad Guort rceespamdsee ed, ORERE, TT FORM NO. 22 (Earlier 62) [Regulation 36 & 37 of ORT Regulations, 2015) [See Rule 52 (1) (2) of the Second Schedule to the Income Tax Act, 1961] READ WITH THE RECOVERY OF DEBTS DUE TO BANK AND FINANCIAL INSTITUTIONS ACT, 1993 E-AUCTION/SALE NOTICE THROUGH [Link]/DASTI/AFFIXATION/BEAT OF DRUM/PUBLICATION _RP/RC NO. 208/2021 | OA No. |378/2018 Certificate Holder Bank __| State Bank of India ] Teaver | Certificate Debi [ M/s. Gayatri Fashion & Ors i To, €.[Link]. 1: M/s. Gayatri Fashion, A Partnership Firm having its office at: J-555, Japan Market, Ring Road, Surat [Link]. 2: Shri Ajay Yogendra Sahani, Partner of the Partnership Firm M/s. Gayatri Fashion C/138, Nandanvan Township, Navagam, Dindoli, Surat €.[Link]. 3: Shri Ranjit Yogendra Sahani, Partner of the Partnership Firm M/s. Gayatri Fashion 112, Shankheshwar Society, Jiav, Bhestan, Surat 395 023 €.[Link]. 4: Shri Vijay Yogendra Sahani, Partner of the Partnership Firm M/s. Gayatri Fashion 112, Shankheshwar Society, Jiav, Bhestan, Surat 395 023 [Link]. 5: Smt. Laxmidevi Shravankumar Sahani, 4/158, Nandanvan Township,m Nava Gam Dindoli Raod, Surat And : 112, Shankheshwar Society, Jiav, Bhestan, Surat 395 023 And : A/47, Nandanvan Township,m Nava Gam, Dindoli Road, Surat The aforesaid CDs No. 1 to 5 have failed to pay the outstanding dues of Rs. 71,30,963.86 (Rupees Seventy One Lacs Thirty Thousand Nine Hundred Sixty Three and Eighty Six paise only) as on 15/08/2021 including interest in terms of judgment and decree dated 11/06/2021 passed in [Link]. 378/2018 as per my order dated 02/08/2022 the under mentioned property (s) will be sold by public e-auction in the aforementioned matter. The auction sale will be held through “online e-auction” [Link] lot] Description of the property [Reserve price | EMD 10% or No. (Rounded off) (Rounded off) [aT All that piece and parcel of plot no. A/47, | | admeasuring about 65.28 Sq. Mtrs. With | margin land admeasuring about 29.73 Sa. | gs.27.00 Lakhs Rs. 2.70 Lakhs | Mtrs. in all total land area admeasuring about 95.01 sq._mtrs, with construction standing thereon admeasuring about 78.28 sq. mtrs. ‘Super built up area) along with undivided 'Shar@in the land of the scheme admeasuring about 49.30 sq, mtrs. in all total area of land ‘eauith “construction admeasuring about Gites 31's). mire. of Nendanvan Township, | Gprstrueidd on the land bearing Revenue =[Link].214 Paiki, Block No.315 to 320, AnmpRIPL Scheme No.41, Final Plot No. 4 to 9 (as Coyppet TR. final Plot No. 13) and as per revised plan Sub-Dist. Surat, 1 Note* In respect of any claims to be received, if any, priority of payment will be decided in terms of Section 31-B of the RDB Act, 1993(as amended in the year 2016). EMD shall be deposited by through RTGS/NEFT in the account as per details as under: Beneficiary Bank Name State Bank of India ] Beneficiary Bank Address SARB Vadodara is Beneficiary Account No. 10253211845 ae | IFSC Code ____[ sBinooo1141 | 1) The bid increase amount will be Rs. 10,000/-for Single lot. 2) Prospective bidders may avail online training from service provider M/s £-Procurement Technologies Ltd. (Tel Helpline No. 9265562821 - 079 61200594/ 598/ 568/ 587/538 and Mr. Ram Sharma (Mobile No.09978591888), Helpline E-mail ID: support@[Link] and for any property related queries may contact Shri R. Krishnamurthy, (Mob No.7600035811). 3) Prospective bidders are advised to visit website [Link] [Link] for detailed terms & conditions and procedure of sale before submitting their bids 4) The prospective bidders are advised to adhere payment schedule of 25% (minus EMD) immediately after fall of hammer/close of auction and 75% within 15 days from the date of auction and if 1th day is Sunday or other Holiday, then on immediate next first bank working day. No request for extension will be entertained. 5) The properties are being put to sale on “as is where is”, “as is what is” and “as is whatever” basis and prospective buyers are advised to carry out due diligence properly 6) Schedule of auction is as under: SCHEDULE OF AUCTION a Inspection of property 31/08/2022 ] | Between 11.00am to 2.00 pm. 2 last date for receiving bids along with | 28/09/2022 Upto 05.00pm | | earnest money and uploading documents | _| including proof of payment made | 5 e-auction 30/09/2022 Between 12.00pm to 01.30pm = (with auto | Jextension clause pf 03 _minutes, till E:Auction nds) otro cas RAKASH PIEEAA ) VERY OFFICER - I of, peers RECOVERY TRIBUNAL ~II AHMEDABAD ‘TERMSAND CONDITIONS OF SALE 4. The property shall be sold “AS Is WHERE BASIS” and shall be subject to other terms and conditions es published on the official website of the e-auction agency, 2, Ail the payments shall be mage through RTGS/NEFT In the account detalls of which are given In the sale notice, +3, ‘The Bid Increese amount shall be as mentioned in the Public Sale Notice,

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