BALLIA ETAWA GRAMIN BANK Vs. RAMJI SINGH
LAWS(DR)-2011-12-2
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on December 14,2011

Ballia Etawa Gramin Bank And Anr. Appellant
VERSUS
Dr. Ramji Singh And Ors. Respondents

JUDGEMENT

R.K. Gupta, J. (Chairperson) - (1.) THIS is an Appeal preferred by the appellant Financial Institution under Section 20 of the RDDBFI Act, 1993 challenging the order dated 18th May, 2010 passed by the Debts Recovery Tribunal in Appeal No. 2/2005 (Dr. Ramji Singh Properties and Hotels Pvt. Ltd. v. Ballia Gramin Bank) arising out of DRC No. 279 of 2002 in O.A. No. 261/01 whereby the Debts Recovery Tribunal has allowed the Appeal filed by the respondent No. 1 and held that the property sold by the Recovery Officer cannot be subjected to sale, and accordingly the Debts Recovery Tribunal quashed the auction sale dated 19th September, 2008 and confirmation of sale dated 5th January, 2009 and also the attachment of property was quashed and the Debts Recovery Tribunal further directed the Recovery Officer to refund the sale price to the purchaser within 15 days from 18th May, 2010. Appeal No. R -23/11 The present Appeal has been preferred by the Ballia Gramin Bank under Section 20 of the RDDBFI Act, 1993 challenging the order dated 18th May, 2010 passed by the Tribunal below in Appeal No. 1 of 2009 (Punjab National Bank v. Ballia Kshetriya Gramin Bank) whereby the Debts Recovery Tribunal has allowed the Appeal filed by the respondent Bank and held that the property sold by the Recovery Officer cannot be subjected to sale, and accordingly the Debts Recovery Tribunal quashed the auction sale dated 19th September, 2008 and confirmation of sale dated 5th January, 2009 and also the attachment of property was quashed and the Debts Recovery Tribunal further directed the Recovery Officer to refund the sale price to the purchaser within 15 days from 18th May, 2010. Appeal No. R -24/11
(2.) THIS Appeal has been preferred by the Ballia Gramin Bank under Section 20 of the RDDBFI Act, 1993 challenging the order dated 18th May, 2010 passed by the Debts Recovery Tribunal in Appeal No. 12 of 2009 (Dr. Ramji Singh Properties and Hotels Pvt. Ltd. v. Ballia Kshetriya Gramin Bank) whereby the Debts Recovery Tribunal has allowed the Appeal filed by the respondents and held that the property sold by the Recovery Officer cannot be subjected to sale, and accordingly the Debts Recovery Tribunal quashed the auction sale dated 19th September, 2008 and confirmation of sale dated 5th January, 2009 and also the attachment of property was quashed and the Debts Recovery Tribunal further directed the Recover Officer to refund the sale price to the purchaser within 15 days from 18th May, 2010. Appeal No. R -25/11 This appeal has been preferred by the Ballia Kshetriya Gramin Bank under Section 20 of the RDDBFI Act, 1993 challenging the order dated 18th May, 2010 passed by the Debts Recovery Tribunal in Appeal No. 39 of 2008 (Dr. Ramji Singh Properties and Hotels Pvt. Ltd. v. Recovery Officer, D.R.T., Allahabad) whereby the Debts Recovery Tribunal has allowed the Appeal filed by the respondents and held that the property sold by the Recovery Officer cannot be subjected to sale, and accordingly the Debts Recovery Tribunal quashed the auction sale dated 19th September, 2008 and confirmation of sale dated 5th January, 2009 and also the attachment of property was quashed and the Debts Recovery Tribunal further directed the Recovery Officer to refund the sale price to the purchaser within 15 days from 18th May, 2010.
(3.) THE appellant Bank filed an application before the D.R.T., Allahabad under Section 19 of the RDDBFI Act, 1993 against the respondent No. 2 in the present Appeal for issuance of the Recovery Certificate for a sum of Rs. 51,26,964,00/ - plus pendente lite and future interest @ 20.5% per annum with half yearly rests w.e.f. 1st July, 2001 till the date of realization which was registered as O.A. No. 261 of 2001 and the same was allowed ex parte on 7th August, 2002.;


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