Delay in filing appeal against auction condoned as bank failed to publish and serve notice to joint

SARFAESI : Where respondent-bank had neither published an auction notice in newspaper in respect of auction of property of which petitioner was joint owner nor had bank served a personal notice on petitioner in respect of same, there was no occasion for petitioner to become aware about sale of property in auction and, therefore, application filed by petitioner for condonation of delay in filing appeal under section 17 was to be allowed