URMILA DEVI Vs. DEBTS RECOVERY APPELLATE TRIBUNAL ALLAHABAD

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 16th March, 2001 passed by the Debts Recovery Tribunal, Allahabad in Transfer Application No. 408 of 2000 by which the application filed by the Allahabad Bank for recovery of Rs. 35,56,192.46/- was decreed ex-parte, the order dated 5th January, 2010 by which the application filed by the petitioners for recall of the order dated 16th March, 2001 was rejected by the Debts Recovery Tribunal, Allahabad and the order dated 17th July, 2012 passed by the Debts Recovery Appellate Tribunal, Allahabad by which the appeal filed by the petitioners for setting aside the order dated 5th January, 2010 passed by the Debts Recovery Tribunal, Allahabad was dismissed.

(2.) It transpires from the records of the writ petition that M/s. N. C. Carpet Company, a partnership firm with Saroj Sekhari, Rajat Sekhari, Vijay Kumar Sekhari and Rajendra Kumar Sekhari as partners, was sanctioned limit facilities by the respondent-Allahabad Bank and to secure the interest of the Bank, Vijay Kumar Sekhari mortgaged properties by deposit of title deeds of Plot No. 235-Ka and Plot No. 3085. On account of the default in payment of the money, the respondent-Bank filed Original Suit No. 272 of 1991 for recovery of a sum of Rs. 35,56,192.46/- with interest from M/s. N. C. Carpet Company and the partners which was subsequently transferred to the Debts Recovery Tribunal Allahabad and was numbered as Transfer Application No. 408 of 2000.

(3.) It is further transpires from the records that as sales tax dues of Rs. 3,82,000/- were not paid by M/s. N. C. Carpet Company, a recovery certificate was issued by the Trade Tax Department for recovery of the dues as arrears of land revenue and consequently Plot No. 235-Ka was put to auction and the sale in favour of the highest bidder Bankey Lal Gupta was confirmed on 29th January, 1996. A sale certificate was thereafter issued by the Sub-Divisional Officer on 5th February, 1996 under Rule 285-M of the U. P. Zamindari Abolition & Land Reforms Rules, 1952 (hereinafter referred to as the 'Zamindari Abolition Rules'). All this was done during the pendency of the aforesaid Transfer Application filed by the Bank before the Debts Recovery Tribunal.