Decided on January 19,2007

Kuber Builders And Ors. Appellant
Oriental Bank Of Commerce And Anr. Respondents


A.K.Tripathi, Presiding Officer - (1.) THIS appeal has been filed by the appellants/CDs being aggrieved from the order dated 20.7.2006 passed by the learned recovery Officer DRT -I Delhi in RC No. 238/2002 titled as OBC v. Kuber Builders and Ors. By the impugned order the learned recovery officer has disposed off as many as 13 interlocutory applications. In brief the following chart will indicate the applications moved on behalf of the party concerned and the prayer made therein as well as the findings recorded by the learned Recovery Officer. ________________________________________________________________________ Filed by whom Relief Findings given by the Ld. Recovery Officer ________________________________________________________________________ 1. Respondent Seeking extension of Prayer allowed No. 2/auction time for payment of 75% Application is allowed purchaser M/s. Earthen Build Estate 2. Objections of Ms. Seeking setting aside of Prayer refused Rovina Sharma auction held on Objections dismissed CD No. 4 28.9.2005 3. Objection of Shri With regard to reserve Prayer declined P.K. Sharma price fixed at much Objection dismissed lower side 4. Certificate Holder Setting aside of auction Prayer declined Bank dated 28.9.2005 Application dismissed 5. Certificate Holder Forfeiture of 25% of the Prayer declined Bank bid amount deposited Application rejected by the auction purchaser 6. Respondent Seeking permission to Prayer allowed No. 2/auction deposit the balance Application allowed purchaser M/s. amount of bid within 15 Earthen Build days Estate 7. Objection of M/s. Offer to pay Rs. 6.80 Prayer disallowed on A.R.S. Enterprises crores 20.7.2006 but subse - quently after inter -se bidding between the parties i.e. auction purchaser/respondent No. 2 and M/s. ARS Enterprises, the prayer was allowed on 24.7.2006 and amount was ordered to be refunded. 8. Objection of M/s. Refund of Rs. 6.15 Prayer disallowed on A.R.S. Enterprises crores 20.7.2006 but subse - filed by diary quently after inter -se No. 281 bidding between the parties i.e. auction purchaser respondent No. 2 and M/s. ARS Enterprises the prayer was allowed on 24.7.2006 and amount was ordered to be refunded. 9. Objection of M/s. Application for refund Prayer disallowed on A.R.S. Enterprises for Rs. 6.80 crores 20.7.2006 but subse - filed by diary alongwith interest quently after inter -se No. 904 bidding between the parties i.e. auction purchaser respondent No. 2 and M/s. ARS Enterprises the prayer was allowed on 24.7.2006 and amount was ordered to be refunded. 10. Certificate debtor Direction to the certi - Prayer allowed and Bank ficate holder Bank to was directed to file the file evidence in support evidence and make of their application for arrangement of viewing setting aside of sale i.e. of compact disc. Court Video CD and Notice to auctioneer was also direc - Court Auctioneer. ted to file his response. 11. Certificate Debtor Cross -examination of Prayer declined Shri Manoj Sachdeva two other officers of certificate holder Bank Court Auctioneer and his alleged friends 12. Certificate Debtor For direction for sending Prayer declined the CD to CFSL or any other Government Institution 13. Certificate Debtor Granting an opportunity Prayer declined for rebuttal to the Court Auctioneer response and response to the CD ____________________________________________________________________________________
(2.) THE brief facts giving rise to the present appeal are that Certificate Holder Bank (respondent No. 1) herein filed original application vide OA No. 208/2001 for recovery of an amount of Rs. 1,14,59,811.05. The instant Tribunal allowed the application and passed the final order dated 8.8.2002. In the said OA the appellant Nos. 1, 2 and 3 were impleaded as defendant Nos. 1,2 and 4 respectively that in term of the said original application, the recovery certificate was drawn and recovery proceedings were registered as RC No. 238/2002. In the said recovery case, the appellants were arrayed as Certificate Debtors 1, 2 and 4 respectively. That the learned Recovery Officer directed to put to sale the properly being land measuring 157 kanals 01 marla at Village Binola and kanals 18 marlas at Village Bilsapur. Tehsil and District Gurgaon, Haryana near Toll Barrier at National Highway No. 8 vide its order dated 29.7.2005. In terms of the order of 29.7.2005. Mr. Vijender Kumar Advocate was appointed as Court Auctioneer to conduct auction. It is further pleaded that in the auction held on 28.9.2005, one M/s. Earthen Build Estate/respondent No. 2 herein was the auction purchaser having offered a total amount of Rs. 6.50 crores towards the purchase of the above mentioned property. It is averred that the above mentioned auction purchaser/respondent No. 2 deposited an amount of Rs. 1,75,40,000/ - as 25% of the bid amount. Thereafter, the above mentioned M/s. Earthen Build Estate filed an application before the Recovery Officer, seeking directions that the applicant be not called upon to deposit any further amount towards the auction dated 28.9.2005 bid made by it, since Hon'ble High Court has allowed the open bid before the Hon'ble High Court. On 13.10.2005 in the absence of the appellant the learned Recovery Officer passed the order directing the respondent No. 2/Auction Purchaser to file order dated 7.10.2005 of the Hon'ble High Court of Delhi till 19.10.2005.
(3.) IT is next pleaded that on 19.10.2005 i.e. the next date of hearing, the learned Recovery Officer was pleased to adjourn the matter for 11.11.2005 on the pretext of filing of the copy of order of 7.10.2005 of the Hon'ble High Court of Delhi. In the meantime, the appellant filed application/objection dated 27.10.2005 before the learned Recovery Officer for setting aside of auction proceeding held on 28.9.2005 on the ground mentioned in the application/objection therein.;

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