Regional Office Samastipur

Panchwati Complex, Mohanpur Road, Samastipur( Bihar), Pin-848101

By Regd Post & Courier

To:
1. Hotel Atithi Satkar
Mr. Chandan Kumar
S/o Late Akhileshwar Prasad Singh (Prop.)Borrower
At +PO- Mahathi, PS- Bibhutipur,
Distt- Samastipur, Bihar

2. Mr. Shailendra Kumar

S/o- Late Akhileshwar Prasad Singh( Guarantor)
At +PO- Mahathi, PS- Bibhutipur,
Distt- Samastipur, Bihar

Dear Sir / Madam,

Sub: Notice of 15 days for sale of immovable secured assets under Rule 9 of the Security
Interest (Enforcement) Rules, 2002.

1. Union Bank of India, Singhiaghat Branch and Regional Office at Panchwati Complex,
Mohanpur Road, Samastipur – 848101, the secured creditor, caused a demand notice
dated 26.05.2021 under Section 13(2) of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act 2002, calling upon you to pay
the dues within the time stipulated therein. Since you failed to comply with the said
notice within the period stipulated, the Authorised Officer has taken symbolic possession
of the immovable secured assets under the said Act read with Rule 8 of Security Interest
(Enforcement) Rules, 2002. Possession notice dated 31.08.2021 issued by the Authorised
Officer, as per Appendix IV to the Security Interest (Enforcement)) Rules, 2002 was
delivered to you and the same was also affixed to the properties mortgaged with the
Secured Creditor, apart from publication of the same in newspapers. Please note that as
per the said demand notice you were informed about your right to redeem the property
within the time available under Section 13(8) of Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interest Act, 2002.
 2. As you have failed to clear the dues of the secured creditor, the immovable secured assets
that have been taken possession of by the Authorised Officer, will be sold by holding
public E-auction on 30.03.2022 at 11.00 AM to 02.00 PM by inviting Bidsfrom the
public through online mode on www.mstcecommerce.com.

3. You are also requested to ensure participation by parties interested in buying the
immovable secured assets in the sale as proposed above.

4. A copy of the terms of sale is enclosed for your reference. Please note that the Auction
will be conducted through E-Auction mode on the date and time mentioned in the
enclosed terms of sale.

Yours faithfully

Place: Samastipur
Date: 11.03.2022 AUTHORISED OFFICER
FOR UNION BANK OF INDIA
Encl: Terms of sale
 TERMS AND CONDITIONS OF SALE OF IMMOVABLE SECURED ASSETS:

1. Name and address of the Borrower, 1. Hotel Atithi Satkar

and Guarantor Mr. Chandan Kumar
S/o Late Akhileshwar Prasad Singh
(Prop.)Borrower
At +PO- Mahathi, PS- Bibhutipur,
Distt- Samastipur, Bihar

2 Mr. Shailendra Kumar

S/o- Late Akhileshwar Prasad
Singh( Guarantor)
At +PO- Mahathi, PS- Bibhutipur,
Distt- Samastipur, Bihar

2. Name and address of the Secured Union Bank of India, Singhiaghat Branch
Creditor :
3. Description of immovable secured assets to be Sold
SM of Land And Building in the name of Chandan Kumar, sale deed no. 2871 dated
01.08.2016, Khata No. 60, Khesra No. 9891, Area- 28 Decimal
On the North: Road
On the South: Janki Ram
On the East: Nij
On the West: Vinay Kumar Singh
4.The details of encumbrances, if any NA
known to the Secured Creditor
5. Last date for submission of EMD On or before the commencement of e-Auction.

6. Date & Time of auction 30.03.2022 at 11.00 AM to 02.00 PM(with 10

min unlimited auto extensions) E-auction
website-www.mstcecommerce.com.
7.The secured debt for the recovery of Rs. 41,02,425.07 (Rupees forty one lakh two
which the immovable secured asset is to thousand four hundred twenty five and seven paise
be sold: only) as on 31.12.2021 and interest & cost thereon
and other expenses, charges and costs etc.
8.1Reserve price for the properties Rs. 52.00 lakhs (Rupees fifty two lakhs only)
below which the immovable property
may not be sold:
8.2 EMD Payable Rs. 5,20,000.00/- (Rupees five lakh twenty
thousand only)
9. 1. Registration

The Online E-Auction will be held through web portal/website www.mstcecommerce.comon

the date and time mentioned abovewith unlimited extension of 10 minutes.

The intending bidders / purchasers required to register through

https://www.mstcecommerce.com/auctionhome/ibapi/index.jsp by using their mobile number
and valid email-id. They are further required to upload KYC documents and Bank Details.

9. 2. KYC Verification

On completion of registration, the intending bidders / purchasers are required to upload KYC
documents and Bank account details. KYC documents shall be verified by e-auction service
provider which may take 2 to 3 working days. Hence the registration and uploading
formalities are to be completed well in advance.

9. 3. EMD Payment

On completion of KYC verification, the intending bidders / purchasers are required to pay
EMD through NEFT/RTGS/NET BANKING/UPI by generating a Challan through this
website in his/their Global EMD Wallet. Payment should be made within 3 days after
generating the Challan for NEFT / RTGS otherwise the Challan shall become invalid. The
payment shall be ensured well in advance before the stipulated time. If the required EMD
amount is not held in their Global Wallet, they will not be allowed to participate. Payment of
EMD in any other mode will not be accepted.

The Earnest Money Deposit shall not bear any interest and in case of unsuccessful bid, the
same will be returned to the unsuccessful bidder by the service provider without interest.

9.4 Bidding
The bidder has to select the property for which offer is submitted from the list mentioned in
the above website and/ or bidder can directly enter Property ID (as mentioned in
https://ibapi.in). The property will be visible in ‘Live Auctions’ on www.mstcecommerce.com
one day prior to the date of auction.

9. 5. Help Desk

 For Registration related queries e-mail to [email protected]

 For EMD payment/refund related queries e-mail to [email protected].

  For Registration and Login and Bidding Rules visit
https://www.mstcecommerce.com/auctionhome/ibapi/index.jsp and Click “Buyer
Guide for Login and Registration”

 Intending bidders may download at free of cost, copies of sale notice, Terms and
Conditions of e-auction Help Manual on operational part of e-auction from e-Bkray –
IBAPI portal (https://www.ibapi.in)

 For auction related queries e-mail to [email protected] or contact the

Authorised Officer Sri Sunil Kumar on Mob. 8007498888 or Branch Manager Mr.
Vishwambhar Kumar on Mob. 7280023360

9.6 Steps Involved

 Register on e-auction portal www.mstcecommerce.com using mobile number and

email ID.
 Upload requisite KYC Documents.
 Generate challan and transfer EMD amount to bidder’s global EMD Wallet.
 Submission of bid shall be through online mode on the auction date and time.
 In case of successful Bid, the balance bid amount to be paid as per the terms as
mentioned hereunder.
 In case of unsuccessful Bid, request for refund to be made in the MSTC website and
refund will be made directly by the MSTC.

Bidders are advised to go through the website https://www.ibapi.in,

andwww.unionbankofindia.com tenders for detailed terms and conditions of Auction Sale
before submitting their bids and taking part in the E-Auction sale proceedings.

Successful bidder will be intimated through e-mail after the closing of the e-Bidding Process.
10. The intending bidders may, if they choose, after taking prior appointment from the
Authorised Officer, inspect the immovable/movable secured assets to be sold before the date
of E-Auction.

It shall be the sole responsibility of the bidders to inspect and satisfy themselves about the
secured assets and specification before submitting the bid. On participation by any person or
corporate it shall be deemed that the bidders have fully satisfied themselves as to the
property /assets and claims/ dues affecting the property under Sale in all respects.
11. In case of bidding the bid increment shall not be less than Rs. 10,000.00 (Rupees ten
thousand only)in excess of highest bid amount or the immediate preceding bid, as the case
may be with multiple increment value of Rs.10,000.00 (Rupees ten thousand only).
12. The sale will be confirmed in favour of the highest bidder and the confirmation of sale
shall be subject to the confirmation by the Secured Creditor.
13.Bids once made shall not be cancelled or withdrawn. The failure on the part of bidder to
comply with any of the terms and conditions of e-auction, mentioned herein will result in
forfeiture of the amount paid by the bidder.
14. The successful bidder so declared by the Authorised Officer shall deposit 25% of the Sale
Price (inclusive of EMD) in Cash/DD/RTGS/NEFT/Internet transfer /Cheque subject to
realisation, immediately on the sale day or not later than next working day with the
Authorised Officer in the account bearing Number 414701980050000 of the Authorised
Officer, Union Bank of India Singhiaghat Branch, IFSC CodeUBIN0541478 and the balance
75% of the Sale Price on or before 15th day of confirmation of Sale or within such extended
period as agreed upon in writing between the secured creditor and the purchaser, in any case
not exceeding 3 months.

In the event of failure to tender 25% (15%+EMD) of the sale price as per the terms of Sale by
the successful bidder, the EMD so deposited by him shall be forfeited to secured creditor and
the bid accepted shall stand cancelled automatically and the defaulting bidder shall neither
have claim on the property nor on any part of the sum for which it may be subsequently sold.

In default of payment of balance amount of purchase price before 15 days from the date of
confirmation of sale by the Secured Creditor or such extended period as may be mutually
agreed upon between the secured creditor and the purchaser (not exceeding 3 months) the
deposit of 25% of the amount of sale price made shall be forfeited and the property shall
forthwith be sold again and the defaulting purchaser shall neither have claim on the property
nor on any part of the sum for which it may be subsequently sold.

15. The Authorised Officer may, where the property sold is subject to any encumbrances, if
he thinks fit, allow the purchaser to deposit with him the money required to discharge the
encumbrances and any interest due thereon together with such additional amount that may be
sufficient to meet the contingencies or further costs, expenses and interest as may be
determined by him.

On such deposit of money for discharge of encumbrances, the Authorised Officer may issue
or cause the purchaser to issue the notices to the persons interested in or entitled to the money
deposited with him and take steps to make the payment accordingly.
16. On confirmation of sale by the secured creditor and if the terms of payment have been
complied with by the successful bidder, the Authorised Officer shall issue a certificate of sale
of immovable property in favour of the purchaser in Appendix-V to the Security Interest
(Enforcement) Rules, 2002
17. Legal charges for conveyance, stamp duty, registration charges and other incidental
charges as applicable shall be borne by the successful bidder only.
18.As per Section 194-IA of the Income Tax Act 1961, TDS @ 1% will be applicable on the
sale proceeds where the sale consideration is Rs.50,00,000/- (Rupees fifty lakhs) and above.
The successful bidder/purchaser shall deduct the TDS from the sale price and deposit the
same with the Income Tax Department in Form No. 16-B, containing the Bank’s name and
the PANnumber as a seller and submit the original receipt of the TDS Certificate to the Bank.
(Applicable for immovable property, other than Agricultural land)
19. The Authorised Officer will deliver the property on the basis of physical possession
takenon as is where is basis,to the purchaser free from encumbrances, known to the Secured
Creditor on deposit of money by the purchaser towards the discharge of such encumbrances.
20. The certificate of sale will be issued specifically mentioning whether the purchaser has
purchased the immovable/movable secured assets free from any encumbrances known to the
secured creditor or not.No request for change of name in the sale certificate other than the
person who submitted the bid/participated in the auction shall be entertained.

21. The unsuccessful Bidders who have deposited EMD shall be entitled to have the same
refunded without any interest immediately after the confirmation of sale by the Authorised
Officer in favour of successful bidder. The unsuccessful bidder is required to place request for
refund with https://www.mstcecommerce.com/auctionhome/ibapi/index.jsp.

The EMD of unsuccessful bidders will be refunded on request to their respective A/c No. as
registered in e-Auction Portal www.mstcecommerce.com. The bidders will not be entitled to
claim any interest, costs, expenses and any other charges (if any).
22. If the Borrower were to pay to the Authorised Officer the entire amount due, with the up-
to-date expenses including the expenses / charges / cost in taking possession and conducting
the sale, to the secured creditor before e-Auction, the sale by E auction may be cancelled by
the Authorised Officer.
23. Bank, the Secured Creditor, reserves the right to accept / reject the highest bid without
assigning any reason thereof or to cancel the sale.
24.In case any dispute arises as to the validity of the bid(s), amount of bid, EMD or as to the
eligibility of the bidder, authority of the person representing the bidder, the interpretation and
decision of the Bank shall be final. In such an eventuality, the Bank shall in its sole discretion
be entitled to call off the sale and put the property to sale once again on any date and at such
time as may be decided by the Bank
25. The bank/service provider for e-auction shall not have any liability towards bidders for
any interruption or delay or technical snag in access to the site irrespective of the causes.
26. The above movable/immovable secured assets will be sold in “As is where is”, “As is
What is” and “whatever there is” condition.
27. The entire sale consideration shall be exclusively available for appropriation towards dues
to the Bank and it is exclusive of encumbrances of all statutory dues and other dues if anyshall
be settled by the proposed purchaser out of his own sources.
29.To the best of information and knowledge of the Authorised Officer, there is no
encumbrance on the property. However the intending bidders should make their own
independent enquiry regarding the encumbrances, title of the property put to auction and the
claims / rights/ dues affecting the property, prior to submitting their bid. The E Auction
advertisement does not constitute and will not be deemed to constitute any commitment or
any representation of the Bank to sell the property. The Authorised Officer/ Secured Creditor
shall not be responsible in any way for any third party claims/rights/dues.

Place: Samastipur
Date:11.03.2022 AUTHORISED OFFICER
FOR UNION BANK OF INDIA