Non-compliance of statutory requirements of publication of possession notice and auction notice in vernacular language rendered the statutory requirement as farce. There should be purposeful compliance of the provisions of law and it cannot be reduced to an empty formality. The requirement to cause publication in ‘vernacular language’ in the newspaper is fundamental and the statutory requirement which cannot be compromised. It is not for the borrower or guarantor to establish that non-publication of the said notices in -‘vernacular language’ in the newspaper has caused any prejudice to its cause. It is for the Respondents to establish that non compliance of the statutory requirements has not caused any prejudice at all.
42. In view of the above, both the writ petitions succeed and are allowed. All proceedings subsequent to notice under Section 13(4) of the Act, 2002 being in flagrant violation of the statutory provisions are liable to be quashed. The case is squarely covered by the judgments of the Apex Court referred to above, wherein the Apex Court held that not following the statutory provisions itself is a good ground for quashing the confirmed sale.
In the High Court of Allahabad
(Before Mahesh Chandra Tripathi, J.)
Ashok Kumar v.
Authorized Officer, Punjab National Bank And Others .
And
Writ - C No. - 66988 of 2012
Decided on February 10, 2017,
Citation: 2017 SCCONLINE ALL 333
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