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24. Subsequently, on 22.11.2016, Bank has issued possession notice, under Section 13(4) of the SARFAESI Act, 2002. Thereafter, the Bank has issued E-Auction Sale Notice, dated 17.12.2016, bringing the mortgaged properties for auction on 30.01.2017. Pursuant to the deliberations, which took place on 29.12.2016, in the meeting with Chief General Manager and General Manager of the Bank, regarding non-registration of the unapproved plots of land, demonetization of high value currency notes, political uncertainty in the State of Tamil Nadu, etc., the Deputy General Manager, State Bank of India, Chennai, has sent a letter, dated 03.01.2017, to the petitioners, about the action plan, chalked out to settle the dues of the company. Details are extracted hereunder:

27. The petitioners have challenged the sale notice, dated 17.12.2016, in S.A.No.10 of 2017, on the file of the DRT-II, Chennai. Though, by letter, dated 03.01.2017, the Bank had permitted to sell, atleast two of the mortgaged properties, at the earliest and to ensure depositing the minimum sum of 15% of the total dues, before 31.01.2017, the same has not been complied with by the petitioner. However, the sale fixed on 30.01.2017, did not take place.

28. Reading of the subsequent letter, dated 03.02.2017, issued by the Deputy General Manager, State Bank of India, Chennai, to the petitioners, indicates that on 03.01.2017, the petitioners met the Bank and informed that there were proposed NRI buyers, with whom, they have been negotiating for sourcing finance/sale of mortgaged properties and that the proposed buyers preferred to wait for the outcome of the hearing of the case, relating to registration of unapproved/unathorised plots, scheduled for hearing on 23.02.2017. The Bank, in letter, dated 03.02.2017, has also stated that during discussion, on 03.01.2017, the petitioners have stated that they were trying to convince the buyer and inform the outcome of the case. However, the petitioners have been advised to ensure the sale of two mortgaged properties and to ensure liquidation of the balance dues, not later than 31st March' 2017, as promised by the petitioners, in the meeting with Chief General Manager and General Manager, on 29.12.2016.

29. Thus, it is evident from the above that the prospective buyers have been awaiting the decision of the case, relating to registration of unapproved/unathorised plots and it is not due to Bank's decision to auction the property, efforts of the petitioners were thwarted. Therefore, we are of the view that it cannot be contended that due to continuation of legal recovery measures, attempt of the petitioners was thwarted.

30. Bank has issued another E-Auction Sale Notice, dated 04.02.2017, to bring the properties for auction on 28.02.2017. This notice has been challenged in S.A.No.26 of 2017, on the file of the DRT-II, Chennai, praying to set aside the said notice. On 27.02.2017, when both S.A.Nos.10 and 26 of 2017 came up for hearing, the Debts Recovery Tribunal-II, Chennai, has passed separate orders, as follows: