WELFARE BUILDING AND ESTATES PVT LTD Vs. STATE BANK OF INDIA
DEBTS RECOVERY APPELLATE TRIBUNAL
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(1.) MR. Sailesh, learned Counsel for the applicant appears. MR. Pankaj Kishore learned Counsel on behalf of decree holder bank appears.
(2.) The simple prayer of the petitioner in the instant miscellaneous application is that a direction be passed on the learned Recovery Officer for consideration of their objection in RP. case No. 96/2002.
In my opinion filing of instant miscellaneous application is actually not necessary. Once the applicant files objection with requisite fee of Rs. 2501- in the relevant recovery proceeding, it becomes incumbent upon the learned Recovery Officer to dispose of the said objection in accordance with law.
(3.) IT is pertinent to refer to the case law reported in (1974) 697 ITR 310 (Mad.) wherein it was held that "when the claim is filed under Rule 11 the Recovery Officer has to decide in whose name the property stood. Recovery Officer can attach and sell the properties which are in the name of the certificate debtor.";
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