Service of 15 days’ auction sale notice is a statutory requirement and service of the same is a substantial right of the borrowers and any deviation is a substantial procedural irregularity, which cannot be said to be of minor nature – Syndicate Bank and Ors. Vs. R.N. Kamboj and Ors. – DRAT Allahabad
Hon’ble DRAT Allahabad held that Service of 15 days’ auction sale notice is a statutory requirement and service of the same is a substantial right of the borrowers. Any deviation from this provision is a substantial procedural irregularity, which cannot be said to be of minor nature. Such statutory requirement is required to be strictly followed by the Bank and cannot be ignored on the ground that no prejudice was caused to the borrowers. The Bank cannot take the advantage of the situation that the borrowers have never intended to redeem the property nor have deposited any amount.