s.tate bank of india vs messrs bladder (india) - drt

7
/,D_@ Annexure --13 FORM NO. 22 [See Regulation 37( I )] BY ALL PERMISSIBLE MODE OFFICE Or TrIE BETCOVERY OFFTCER DEBTS RECOVERY TRIBUNAL CHANDICARH (DRT I) 2nd Floor SCO 33-34-35 Sector-17 A, Chandigarh (Additional space allotted on 3rd & 4th Floor also) RC No. 4012019 Exh. No.: Date of Auction Sale: 251101202L PROCI-AMATT-ON OF SALE: TMMOVABLE PROPERTY PROCLAMATTON OF SALE UNpER RUT,ES 37,38 ANp s2 (!Xz)_Q_E SECOND SCIIEDULE TO TIIE INCOMI' ]'AX AC'T, I96I READ WI'III TIIH RECOV4RY OF I)}IB'I'S & BANKRIJPTCY AC'I" 1993 S.TATE BANK OF INDIA Vs MESSRS BLADDER (INDIA) To, (cD- l) MESSRS BLADDER (rNDrA) A PARTNERSHIP FIRM VILLAGE SANGHAL SOHAL KAPURTHALA ROAD JALANDHAR PUNJAB THROUGH ITS PARTNERS SHRI GULSHAN SINCH BHAMBHRA AND SHRI LASHKAR SINGH SAMRA (CD.2) SHRI GULSHAN SINGH BHAMBHRA SON OF SHRI MEWA SINGH PARTNER MESSRS BLADDER (INDIA) VILLAGE SANGHAL SOHAL KAPURTHALA ROAD JALANDHAR PUNJAB (CD.3) SHRI LASHKAR SINGH SAMRA SON OF SHRI DARSHAN SINGH SAMRA PARTNER MESSRS BLADDER (INDIA) VILLAGE SANGHAL SOHAL KAPURTHALA ROAD JALANDHAR PUNJAB Whereas Recovery Certificate No. RC/4012019 in OA/129112018 drawn up by the Hon'ble Presiding officer, DEBTS RECovERy TRIBUNAL CHANDIGARH (DRT l) for the recovery of the sum of Rs. 14918762.00 [Rupees One crore Forty Nine Lakhs Eighteen Thousands Seven Hundred Sixty Two only] along with interest and the costs of Rs. 150000.00 [Rupees One Lakh Fifty Thousands Only] from the cD(s) jointly and severally, and you, the cD(s), failed to repay the dues of the Certificate Holder Bank(s)/Financial Institution(s). And whereas the undersigned has ordered the sale of the Mortgaged/Attached properties of the Certificate Debtor as mentioned in the Schedule hereuirder towards satisfaction of the said Recovery Certificate. Notice is hereby given that in absence of any order of postponement, the said

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/,D_@

Annexure --13

FORM NO. 22

[See Regulation 37( I )]BY ALL PERMISSIBLE MODE

OFFICE Or TrIE BETCOVERY OFFTCER

DEBTS RECOVERY TRIBUNAL CHANDICARH (DRT I)2nd Floor SCO 33-34-35 Sector-17 A, Chandigarh (Additional space allotted on 3rd &

4th Floor also)

RC No. 4012019

Exh.No.:

Date of Auction Sale: 251101202L

PROCI-AMATT-ON OF SALE: TMMOVABLE PROPERTY

PROCLAMATTON OF SALE UNpER RUT,ES 37,38 ANp s2 (!Xz)_Q_ESECOND SCIIEDULE TO TIIE INCOMI' ]'AX AC'T, I96I READ WI'III TIIHRECOV4RY OF I)}IB'I'S & BANKRIJPTCY AC'I" 1993

S.TATE BANK OF INDIA Vs MESSRS BLADDER (INDIA)

To,(cD- l) MESSRS BLADDER (rNDrA)

A PARTNERSHIP FIRM VILLAGE SANGHAL SOHAL KAPURTHALA ROADJALANDHAR PUNJAB THROUGH ITS PARTNERS SHRI GULSHAN SINCHBHAMBHRA AND SHRI LASHKAR SINGH SAMRA

(CD.2) SHRI GULSHAN SINGH BHAMBHRASON OF SHRI MEWA SINGH PARTNER MESSRS BLADDER (INDIA) VILLAGESANGHAL SOHAL KAPURTHALA ROAD JALANDHAR PUNJAB

(CD.3) SHRI LASHKAR SINGH SAMRASON OF SHRI DARSHAN SINGH SAMRA PARTNER MESSRS BLADDER(INDIA) VILLAGE SANGHAL SOHAL KAPURTHALA ROAD JALANDHARPUNJAB

Whereas Recovery Certificate No. RC/4012019 in OA/129112018 drawn up by theHon'ble Presiding officer, DEBTS RECovERy TRIBUNAL CHANDIGARH(DRT l) for the recovery of the sum of Rs. 14918762.00 [Rupees One crore FortyNine Lakhs Eighteen Thousands Seven Hundred Sixty Two only] along withinterest and the costs of Rs. 150000.00 [Rupees One Lakh Fifty Thousands Only]from the cD(s) jointly and severally, and you, the cD(s), failed to repay the dues ofthe Certificate Holder Bank(s)/Financial Institution(s).

And whereas the undersigned has ordered the sale of the Mortgaged/Attachedproperties of the Certificate Debtor as mentioned in the Schedule hereuirder towardssatisfaction of the said Recovery Certificate.

Notice is hereby given that in absence of any order of postponement, the said

property(s) shall be sold on 2511012021 between 12 : 00 : PM to 12 : 30 : PM byauction and bidding shall take place through Online/Offline through the website:https ://www.ban keauction s.com.The details of authorised contact person for auction service provider is, Name: Mr.Pandeep Singh Mobile no.- 9646796075 Email- [email protected].

The details of authorised bank officer for auction service provider is, Name: MRMANJIT MAHEY Mobile no.- 9503643038 Bmail- [email protected] of STdfE BANK OF INDIA.

The sale will be of the properties of defendants/ CDs above named, as mentioned inthe schedule below & the liabilities and claims attaching to the said properties, so f'ar

as they have been ascertained, are those specified in the schedule against each lot.

The property will be put up for sale in the lot specified in the schedule. If the amountto be realized is satisfied by the sale of portion of the property, the sale shall beimmediately stopped with respect to the remainder. The sale will also be stopped if,before any lot is knocked down the arrears mentioned in the said certificate+interest*costs (including cost of sale) are tendered to the officer conducting the sale orproof is given to his satisfaction that the amount of such certificate, interest and costshas been paid to the undersigned.

At the sale, the public generally are invited to bid either personally or by dulyauthorized agent. No officer or other person, having any duty to perform in connectionwith this sale shall, however, either directly or indirectly, bid for, acquire or attempt toacquire any interest in the properties sold.

The sale shall be subject to conditions prescribed in the second schedule to the IncomeTax Act, l96l and the rules made thereunder and to the following further conditions :-

I. The parliculars specified in the annexed schedule have been stated to the best of theinformation of the undersigned, but the undersigned shall not be answerable for anyerroq misstatement or omission in the proclamation.

Il. The Reserve Price below which the property shall not be sold is as mentioned in theschedule.

lII. The amount by which the bidding is to be increased. ln the event of any disputearising as to the amount bid or as to the bidder the lot shall at once be again put up forauction or may be cancelled.

IV. The highest bidder shallbe declared to be the purchaser of any lot provided alwaysthat he/she/they are legally qualified to bid and provided further the amounr bid byhim/her/them is not less than the reserve price. It shall be in the discretion of theundersigned to decline acceptance of the highest bid when the price offered appears soclearly inadequate as to make it inadvisable to do so.

v. Each intending bidders shall be required to pay Earnest Money Deposit (EMD) byway of DD/Pay order in favour of RECoVERY oFI.'tcER, DEBTS RECovERyTRIBUNAL CIIANDIGARH (DRT 1) to be deposited with R.O./Court Auctioneer,DEBTS RECOVERY TRIBUNAL CHANDIGARH (DRT l) or by online

through RTGSAIEFT/directly and details of the property alongwith copy of pAN card,address proof and identity proof, e-mail ID, Mobile No. and in case olthe company orany other document, confirming representation/attorney of the company and thereceipt/counter foil of such deposit. EMD deposited thereafter shall not be ionsideredeligible for participation in the auction.

.The Earnest Money Deposit(EMD)o Reserve pricc and Bid Incrcasc, ne txcJ asifollows:

iSr.jNo..j

i--*

ili

:

i

:Bid Increase inIthe multipleiof(in Rs.)

l0l l, 7 /2, 3,1, g// 5, 7 I l2l2,khatta i

no.2001270, 27 I ro 217 , 2Ot /279,l

land and building30 marlas 125 sq/ft.

i

207 I 286, 208 I 287, 209 I 2gg,Hadbast No.314 as perjamabandi year 1996-97, situatednear Nivia Charitable Hospital,Village Sangal Sohal, KapurthalaRoad Jalandhar in the name ofSh. Laskar Singh Samra S/o Sh.

Dharam Singh Samra registeredvide sale deed no.294,dt. I 0.04.2008, registered withsub Registrar, Jalandhar.

Plant and Machinery situated atKhasra no.1 I 18, 911, l0l l, 7 12,

,1, 8l I 5, 7 I l2l2,lchatta.2001270,211 to 271 ,2011218.t286, 208t287, 208t288,

Hadbast No.3l4 as perjamabandi year 1996-91, situated

r Nivia Charitable Hospital, I 50450 I 504500illage Sangal Sohal, Kapurthala

Road Jalandhar in the name olh. Laskar Singh Samra S/o Sh.haram Singh Samra registeredide sale deed no.294,t. I 0.04.2008, registered with

sub Registrar, Jalandhar.I

EMD received after due date & time shall be rejected & the amount paid towards theEMD shall be returned to them by way of option given by them in the E-AuctionForm. Any person desirous of participating in the bidding process is required to have avalid digital signature certificate issued by the competent authority. It is the soleresponsibility of the bidder to obtain the said digital signature certificate, active e-mailid and a computer terminal/system with internet connection to enable him/her toparticipate in the bidding. Any issue with regard to digital signature certificate andconnectivity during the course of bidding online shall be the sole responsibility of thebidder and no claims in this regard shall be entertained.

If the bid is increased within the last 5 minutes of the given time of auction, theauction time is further extended by additional time of 5 minutes to enable the otherbidders to increment their bids & the auction process comes to an end if no fur-therincrement(s) is/are made within the extended time of 5 minutes. In case ofmovable/immovable property the price of each lot shall be paid at the time of sale oras soon after as the officer holding the sale directs, and in default of payment, theproperty shall forthwith be again put up for auction for resale.

The successful bidder shall have to pay 25oh of the sale proceeds after adjustment ofEMD on being knocked down by next day in the said accounVDemand draft/BankerCheque/Pay order as per detail mentioned above. If the next day is Holiday or Sunday,then on next first office day.

The purchaser shall deposit the balance 15%6 of the sale proceeds on or before l5thday from the date of sale of the property, exclusive of such day, or if the l5th day beSunday or other Holiday, then on the first office day after the l5th day by p..r..ib"dmode as stated above. In addition to the above the purchaser shall alio depositPoundage fee with Recovery officer, DEBTS RECovERy TRIBUNALCHANDIGARH (DRT t) @2% upto Rs.1,000/- and, @t,h of the excess of the saidamount of Rs.1,000/- through DD in favour of Registraa DEBTS RECovERyTRIBUNAL CHANDIGARH (DRT I ).

In case of default of payment within the prescribed period, the deposit, afterdefrayingthe expenses of the sale, may, if the undersigned thinks fit, shall be lbrfeited to tneGovernment and the defaulting purchaser shall fbrf'eit all claims to the property or toany part of the sum for which it may subsequently be sold.The properiy shall beresold, after the issue of fresh proclamation of sale.

Highest bidder shall not have any right/title over the property until the sale is

i

I

I

I

I

I

I

confirmed by the Recovery officer, DEBTS RECovERy TRIBUNALCHANDTGARH (DRT 1) .

The amount of EMD deposited by the unsuccessful bidders shall be refunded throughonline mode in case of EMD deposited through online.In case EMD is deposited in theform of DD/BC/Pay order the same will be returned by hand. Original ID proof of thephotocopy sent with the E-Auction EMD Form has to be brougtrt. No inteiest shall bepaid on EMD amount.

No request for inclusion/substitution in the sale certificate of names of any person(s)other than those mentioned in the E-Auction EMD Form shall be entertained.

In case of more than one items of property brought for sale, the sale of such propertieswill be as per the convenience and it is not obligatory to go serially as mentioned inthe sale notice.

NRI Bidders must necessarily enclose a copy of photo page of their passport & routetheir bid duly endorsed by Indian Mission (Embassyf The movable/immovableproperty is being sold on "As is where and as is what basis ', and is subject toPublication charges, revenue and other Encumbrances as per rules. The undersignedreserves the right to accept or reject any or all bids, if found unreasonable or'n aypostpone the auction at any time without assigning any reason.

Details of this Proclamation of sale can be viewed at the website www.drt.gov.in.jSchedule of Property:

;LotiNo

Description of the propertybe sold

actory land and buildingsuring 30 marlas 125

. comprised in Khasrao.7 I 18, 91 1, l0ll, 7 12, 3,1,/l5,7ll2l2,khatta

no.2001270,271 to 27J ,201 127 g, 207 12g6, 208t2g7,

Hadbast No.3l4 asjamabandi year 1996-97,

situated ncar Niviaharitable Hospital, Villagengal Sohal, Kapurthala

Road Jalandhar in the namef Sh. Laskar Singh Samrao Sh. Dharam Singhmra registered vide sale

t"ro.29 4, dr. I 0.04. 2008.registered with subRegistrar, Jalandhar.

ituated at Khasra no.7l18,| , l0ll, 712, 3,1, gll5,

7 I I 21 2,khatta no.20O 127 0,7 | to 277,20U278,

207 1296, 2091297, 2ogt2gg,Hadbast No.3l4 as perf amabandi year 1996-97,situated near Nivia

haritable Hospital, Villagemgal Sohal, Kapurthala

ii

iRevenuetassessed uponithe property or:part thereof

iDetails of any

iencumbrancesito which the

iproperty isiliable

i

:Claims, ilany,iwhich haveibeen putiforward to theiproperty andiany otheriknown bearingjon its nature

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il iNot iNot Known

l'tIIi

iI

Known ;Not Known

i

iNot KnownI

iNoI

Road Jalandhar in the name

.Not Known t Known

Machinery

f Sh. Laskar Singh SamraSh. Dharam Singh

registered vide saleno.294, dr. I 0.04.2008.

with sub', Jalandhar.

Note: (l). Spot notice through affixation, paper publication, beating of drums,panchnama, photographs latest by 20/09/2021 (2).Inspection of Properties2l/0912021to 2lll0l202l bet'*veen I l:00 AM to 04:00 PM (3). Last date for reciiving bids alongwith earnest money and uploading document including proof of paymentirade23110/2021up to 04:00 pM

Given under my hand and seal on this date 17109/2021.

SEAL

-^€d -Signature

DEBTS RECOVERY TRIBUNAL CHANDIGARH (bNT T )

order, without any further notice and the persons participating in the sale shallhave no right to claim damages, compensation or cost for suchpostponement/cancellation etc.

13. The property is sold on "as is where is/on what is" basis, prospective bidders areadvised to peruse/verify copies of title deeds/docu ments, if any available withconcerned branch of CH Bank and may make, their own inquiries regardingencumbrances, search results and other revenue records relating to the propertyand shall satisfy themselves regarding the nature and description of property,condition, lien, charges, statutory dues, etc. before submitting the bid.

14. ln any circumstances, the property wi not be sord berow reserve price asspecified in the Sale proclamation/Sale Notice.

15. Anyone of the following documents arone wifi be accepted as rD proof, viz, (a]voters lD card/Aadhar card (b) pAN GARD; or (c) Ration card carrying photo andthe name of the bidde(s); or (d) Valid Driving Licence with photo, (e) passport or(f) any other Government rD carrying the photograph of the bidder(s). The hardcopies of the documents alongwith proof of payments made be submitted to theRecovery Officer, DRT-|, Chandigarhat the time of confirmation of sale.

16. lncomplete/bids without proper EMD, bids not in conformity with the terms andconditions of sale and bids submitted after the stipulated date and time will besummarily rejected.

17. No bidder shall be permitted to withdraw the bid from the auction proceedingsafter submission of the bid form, till completion of auction. Bidders should havevalid digital signature for bidding in e-auction. Recovery officer on sole discretionmay allow participating without valid digital signature on case to case basisdepending upon the circumstances.

18. ln the event of postponement/cancellation of auction/sale after submission of thebids, on the EMD submitted by the bidders will be returned in their respectiveaccounts for which no interest or charges will be paid. After submission of EMD ifthe bidders do not particlpate in e-auction their EMD amount shall be forfeited. ltmay be restored only on exceptional circumstances on sole discretion of RecoveryOfficer.

19. The Particulars of property given in the sale proclamation have been stated to thebest of the information of the Recovery officer thereafter the Recovery officershall not be answerable for any error or omission.

2O.lf for any reason the sale is not confirmed or is set aside, or stayed, theconsideration money paid will be refunded to the auction purchaser.The purchaser shall be deemed to have purchased the property with fullknowledge and subject to all the reservations/encumbrance, if any.

21. The sale, in normal circumstances, will be confirmed after expiry of 30 days fromthe date of auction sale, provided full bid amount and poundage fee is depositedas stipulated and there are no objections from any side.

22. No request for inclusion/substitution in the sale certificate of names of anyperson(s) other than those mentioned in the bid from shall be entertained.

23. All expenses incidental thereto shall be borne by the auction purchaser.24'The Recoverv officer has the absolute risht to accept o,elect a bid or to

postpone/cancel the notified auction-sale without assigning anv reasons.25. The cDs are also given liberty to participate in the sale so as to fetch maximum

value of the property.26. All terms & conditions mentioned hereinabove shall be binding to the

bidder/auction process.

-- 9d'Recovery Officer

Debts Recovery Tribunal-I.Chandigarh

TERMS AND CONDITIONS OF SAIE

1. The properties are bein;;;;* ;, : ;' il" X,'" #.1i,:"iil:,;:,: ].,;:: J,; :il :T, J : " Ti;i;:

' il:i:.:?,H[.'ffl.i"",ffit throueh RrGS/NEFr in the account detairs or3' The bid increase amount,shafl be Rs' 10,000/- as mentioned in public sare notice.4. The highest bid received srrrfr ou.ome,ii",Orr",rrll

p rope rty and bidders srra rr ue a r rowe J ;' ;";;;r:' ;"" 1::: ilJil jiili:,.J:ff i, i:iI;,H::X]".;:l:i each bid i'. b;;;";;oned in the sare notice.,n" ";;;;,;,;;J;i[,1'nx ffi;t[:::J: ],1:i:ii i+ ;Lp..i.a ovsate notice as decided by the necovery;trL;;l,J;:""*rT1Tn1ffi::H:amount in rhe case of the successfui;;;;"; illi be adjusted towards theconsideration amount and in case or-urisr]Jc-er*i,l,ro.rr, the same shall bereturned at the crose of the suction t, r,i.""r"r*J through RTGS/NEFT in thesame accounts from which

,transaction ;;;;;",. deposit the EMD. Theprospective bidders are also advised a",,r".orO,J* jetails oftheir accounts.' ll:'if:ff'.iifl"J jl::,t""'" q",'",i"r;i"=oiii. r,n.r bid amount arter

"* jl ji,* j.f ,ijiTlJ,fi f;,,ff ff ;*#:n:,.:*:.,.""".;l#

completion of bid proces5 1n e-mail,(if possible auto-generated) immediatery after

adviiing n,. ,"'rJr",,,';;T;:X"fl[l;"TffifJI.. he is the ,,ui",i i,rr'",.

ffi:,o,'Jfr: *L"ll,,T: :l',o *ro' "

-oi 1,,i,

.* Jff T :': :.1il' ;'ffi1

oanr wo*,n!,;;;;o-;ff :,|i: j,?.lil,fr??f ,iii,,.,"0,.,u,,,'"*,,1*isale notice. _..._sb,,,\,\rJlrrErr tn the account as mentioned in

7. The successful bidder/aurconsideration amorn,

"r.,l.'o'n"llj:lr::lrrl.,, deposit the batance 7s% of sate

Property. lf the 15,h aay of thebank working o.r an.*t *i'oay

or other Holidav, then on immediate next firstrurther the pui;^;;;il jt":11'I] 'l :1"

account as mentioned in sare notice.Further the purchaser rr,.rr ,ir" J" ;,;. i:';I:snentioned in sale notice.

difrerence between his rinar bid ,r;;;.;;;;; ;;,I" r.oo or any shortrar orsotd. Recovery officer wi, have *,"l,ri*."",,; :r,,"""#ili,,ilJ:li:ff:ffiHJamount on valid grounds for delay on .*" i" ..r" U"r,r.8. The purchaser shail atso airy1,t,norra"s;HA;

on totat sate considerationmoney (plus Rs. 10) through o-1,in,ravour.of ,i**alro*r,

DRT-I, Chandigarh. TheDD prepared towards nlyfase's fees sha, ou rroiittua directry with the officeot Recovery on,.", -?L:,.,.

;rr":J,crri. 'ih" ,J,l,rr"*" fee Draft shoutd beseparately prepared in favour of ,ff,. n"girtrrr, L"Ri_

,lJ:::JiT:i,,:",f "ln:5:"",'"Jin'"iri;;#-i;f Tll;':,'l;il,1.',1T""deduction ;iil';#"ent within the prescribed perioa,'tnu J"p;r;;;;,",ron",,"j ioir,",;";::r.;r",

of the sale, may, if the undersigned ;ffi;;,;;"craims to ,r; ,*"., iilt:':HJ#:J[.f;:"f;:["r purchase^r'.r ro.reit ]i

-^ forthwith,aftertheissueof freshor;;,;;;;u',ttre ProPertY shall be resotd

10' The bidder sha'give his fu, name ana ;"rr'"i" .rar"ss and state crearry whetherhe is submitting bid for himsetf.r; ;;H;; ; "lll*",. and in the lafter case::ff[,::i,1;'ji::] l'l'^":'9p, ; *.";;il and the ru,, name anJ

m,x*ffi lT:,1;Hlr:,:tyt:.]J#"#::,ti:"".:ltd* jI" Ji"".ffiT,:::s

shall ordinarv be sold in the same order in which they appear in the12. ln case of stay of sale or Frurisdiction,,i,",,.,-#;:;",,:ilftT;1il:jJ.i:1"'.T,,"":T..""ff:":"#,",,,7