SADASHIV PRASAD SINGH Vs. HARENDAR SINGH
LAWS(SC)-2014-1-17
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on
January 08,2014
Sadashiv Prasad Singh
Appellant
VERSUS
Harendar Singh
Respondents
Referred Judgements :-
JANAK RAJ VS. GURDIAL SINGH [REFERRED TO]GURJOGINDER SINGH VS. JASWANT KAUR [REFERRED TO]
PADANATHIL RUQMINI AMMA VS. P K ABDULLA [REFERRED TO]
ASHWIN S MAHETA VS. CUSTODIAN [REFERRED TO]
JANATHA TEXTILES VS. TAX RECOVERY OFFICER [REFERRED TO]
VALJI KHIMJI ALIAS COMPANY VS. OFFICIAL LIQUIDATOR OF HINDUSTAN NITRO PRODUCT GUJARAT LTD [REFERRED TO]
Cited Judgements :-
PARTH BHADRESH MEHTA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-3-19] [REFERRED TO]BHARAT HEALTHCARE LIMITED AND ANR VS. AUTHORIZED OFFICER, PUNJAB NATIONAL BANK & OTHERS [LAWS(HPH)-2016-9-226] [REFERRED]
DAKSHINA KANNADA SAHAKARI SAKKARE KARKHANE NIYAMITA VS. THE DEPUTY COMMISSIONER, UDUPI DISTRICT AND ORS. [LAWS(KAR)-2015-9-82] [REFERRED TO]
LAXMI PRIYA RICE MILL, GUNTUR DISTRICT VS. STATE BANK OF HYDERABAD AND OTHERS [LAWS(APH)-2016-7-26] [REFERRED TO]
STATE OF MADHYA PRADESH AND OTHERS VS. JIWAJIRAO SUGAR COM LTD DALODA AND OTHERS [LAWS(MPH)-2018-4-51] [REFERRED TO]
C R KRISHNAN VS. JRP / KRP BENEFIT FUND LTD [LAWS(MAD)-2015-7-415] [REFERRED]
RITESH OIL MILLS P. LTD. AND ORS. VS. DENA BANK AND ORS. [LAWS(GJH)-2016-2-123] [REFERRED TO]
VALLEY IRON & STEEL COMPANY LTD. VS. STATE OF HIMACHAL PRADESH AND OTHERS [LAWS(HPH)-2016-10-46] [REFERRED TO]
URMILA KUMARI VS. OM PRAKASH JANGRA AND ORS. [LAWS(DLH)-2015-3-237] [REFERRED TO]
AGP CITY GAS PRIVATE LIMITED VS. M/S. LYNX PROPERTIES & DEVELOPERS [LAWS(KER)-2022-5-23] [REFERRED TO]
SARANG AVINASH KAMTEKAR VS. ALPHA ORGANIC [LAWS(BOM)-2022-4-228] [REFERRED TO]
M/S AFROZ ALAM VS. THE STATE OF BIHAR [LAWS(PAT)-2018-10-12] [REFERRED TO]
M/S DINESH AGARWAL & ASSOCIATES VS. PAWAN KUMAR JAIN AND OTHERS [LAWS(MPH)-2017-8-51] [REFERRED TO]
SARANPAL KAUR ANAND VS. PRADUMAN SINGH CHANDHOK [LAWS(SC)-2022-3-141] [REFERRED TO]
NELSON RAJESEKARAN S/O LATE S J WILSON VS. UNION BANK OF INDIA, ARMB, CHENNAI [LAWS(MAD)-2019-8-26] [REFERRED TO]
R . ARUMUGASAMY MANAGING DIRECTOR VS. THE AUTHORISED OFFICER UNITED BANK OF INDIA [LAWS(MAD)-2017-4-183] [REFERRED TO]
CHOICE PRECITECH INDIA PRIVATE LIMITED VS. RECOVERY OFFICER [LAWS(TLNG)-2023-11-1] [REFERRED TO]
ANITA INTERNATIONAL VS. TUNGABADRA SUGAR WORKS MAZDOOR SANGH AND OTHERS [LAWS(SC)-2016-7-7] [REFERRED TO]
JAGAN SINGH AND CO VS. LUDHIANA IMPROVEMENT TRUST [LAWS(SC)-2022-9-7] [REFERRED TO]
SRIDHAR ENTERPRISES VS. BANK OF BARODA, ARM BRANCH AND ORS. [LAWS(APH)-2016-2-12] [REFERRED TO]
RIGVEDA MARITIME PVT. LTD. VS. O & P INTERESTED IN VESSEL M.V. VSEVOLOD BELETSKIY [LAWS(CAL)-2019-9-152] [REFERRED TO]
N. PRAKASH VS. THE REGISTRAR, DEBTS RECOVERY APPELLATE TRIBUNAL [LAWS(MAD)-2014-12-265] [REFERRED TO]
BATAKRUSHNA DAS VS. STATE OF ORISSA [LAWS(ORI)-2017-3-34] [REFERRED TO]
BHASIN TOBACCOS LTD & ORS VS. GAMBRO NEXIM (INDIA) MEDICAL LTD & ORS [LAWS(DLH)-2019-1-424] [REFERRED TO]
CELIR LLP VS. BAFNA MOTORS (MUMBAI) PVT. LTD. [LAWS(SC)-2023-9-59] [REFERRED TO]
BALLESHWAR GREENS PVT LTD VS. OFFICIAL LIQUIDATOR OF OMEX INVESTORS LTD AND ORS [LAWS(GJH)-2014-8-266] [REFERRED TO]
ALAPATI HARICHANDRARAO S/O SESHANNA VS. NALLURI SOMASEKHAR S/O KOTESWARA RAO [LAWS(APH)-2017-10-54] [REFERRED TO]
SHYAMA RAM VS. R S MISHRA, ARUN KUMAR [LAWS(ALL)-2014-7-467] [REFERRED TO]
MR. SHAJI V.P. S/O MR. PEETHAMBARAN VS. K.T. UNNIKRISHNAN [LAWS(KER)-2018-2-319] [REFERRED TO]
E SATHYASEELAN VS. RECOVERY OFFICER [LAWS(MAD)-2018-3-733] [REFERRED TO]
SPS STEELS ROLLING MILLS LTD. VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2015-6-73] [REFERRED TO]
AL-CAN EXPORT PVT. LTD. VS. PRESTIGE H.M. POLYCONTAINERS LTD. AND ORS. [LAWS(BOM)-2015-12-135] [REFERRED TO]
BIO RESEARCH PHARMACEUTICALS AND ORS. VS. STATE BANK OF TRAVANCORE AND ORS. [LAWS(KER)-2016-2-34] [REFERRED TO]
S. RESHMA VS. DEBT RECOVERY TRIBUNAL [LAWS(MAD)-2017-1-291] [REFERRED TO]
SUBHASH CHANDRA JAIN VS. BOARD OF REVENUE, ALLAHABAD [LAWS(ALL)-2014-7-77] [REFERRED TO]
SREE JAYALAKSHMI TEXTILES AND ORS. VS. INTERNATIONAL ASSET RECONSTRUCTION COMPANY PRIVATE LIMITED AND ORS. [LAWS(KAR)-2015-12-90] [REFERRED TO]
M.K.VIJAYAKUMARAN PILLAI VS. VARUN RAJ PILLAI [LAWS(KER)-2015-12-182] [REFERRED TO]
JUDGEMENT
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(1.)On 11.9.1989, The Allahabad Bank (hereinafter referred to as 'the Bank') sanctioned a loan of Rs.12.70 lac to M/s. Amar Timber Works, a partnership firm having three partners, Jagmohan Singh, Payam Shoghi and Dev Kumar Sinha. The above loan was sanctioned to M/s. Amar Timber Works, after its partners had mortgaged certain properties to secure the loan amount. Since the loan amount was not repaid in compliance with the commitment made by M/s. Amar Timber Works, nine years later, in 1998, the Bank preferred Original Application No.107 of 1998 before the Debt Recovery Tribunal for the recovery of the Bank's dues. The above Original Application was allowed on 21.11.2000. Accordingly, a direction was issued for the recovery of Rs.75,75,564/- from M/s. Amar Timber Works. For the execution of the order passed by the Debt Recovery Tribunal, the Bank initiated recovery proceedings on 28.11.2000. During the pendency of the recovery proceedings, Jagmohan Singh, one of the partners of M/s. Amar Timber Works, died (on 27.1.2004). On 16.4.2004, the Recovery Officer attached plot No.722, located at Exhibition Road, P.S. Gandhi Maidan, Patna (hereinafter referred to as 'the property') measuring 1298 sq.ft. It would be pertinent to mention that the aforesaid plot was in the ownership of Jagmohan Singh, one of the partners in M/s. Amar Timber Works.
(2.)On 10.6.2004, Harender Singh, brother of Jagmohan Singh, filed an objection petition before the Recovery Officer alleging, that the attached property did not belong to the judgment debtors, but had been purchased by him from his brother Jagmohan Singh, by executing an agreement of sale dated 10.1.1991, which was duly notarized though not registered. It would be relevant to mention, that Harender Singh pursued the objection petition filed by him before the Recovery Officer till 26.10.2005, but chose to abandon the proceedings thereafter. The order passed by the Recovery officer when the Objector was represented for the last time on 26.10.2005 is being extracted below:
"Ld. Advocate of Bank and objectors appears. Objector reiterated his points and invited attention towards Section 53 of TP Act. Counsel of the bank submits that he had to say nothing more than what was said/submitted earlier. He also submits that D.Drs. was guarantor also in this case hence his properties attached. Put up on 28.12.08 for further hearing.
Sd/-
Illegible
I/C R.O."
(3.)The recovery proceedings referred to above remained pending for a further period of more than two years. Finally, the Recovery Officer passed an order dated 5.5.2008, for the sale of the property by way of public auction on 4.7.2008. The Recovery Officer fixed Rs.12.92 lacs as the reserve price, and also fixed 28.8.2008 as the date of its auction. At the auction held on 28.8.2008, Sadashiv Prasad Singh, was the highest bidder. Accordingly, the Recovery Officer ordered the sale of the property in his favour on 28.8.2008. On 22.9.2008, the Recovery Officer, in the absence of any objections, confirmed the sale of the property in favour of Sadashiv Prasad Singh. The Recovery Officer also ordered, the handing over of physical possession of the property to the auction purchaser. Sadashiv Prasad Singh, the auction purchaser, took physical possession of the property on 11.3.2009.
(2.)On 10.6.2004, Harender Singh, brother of Jagmohan Singh, filed an objection petition before the Recovery Officer alleging, that the attached property did not belong to the judgment debtors, but had been purchased by him from his brother Jagmohan Singh, by executing an agreement of sale dated 10.1.1991, which was duly notarized though not registered. It would be relevant to mention, that Harender Singh pursued the objection petition filed by him before the Recovery Officer till 26.10.2005, but chose to abandon the proceedings thereafter. The order passed by the Recovery officer when the Objector was represented for the last time on 26.10.2005 is being extracted below:
"Ld. Advocate of Bank and objectors appears. Objector reiterated his points and invited attention towards Section 53 of TP Act. Counsel of the bank submits that he had to say nothing more than what was said/submitted earlier. He also submits that D.Drs. was guarantor also in this case hence his properties attached. Put up on 28.12.08 for further hearing.
Sd/-
Illegible
I/C R.O."
(3.)The recovery proceedings referred to above remained pending for a further period of more than two years. Finally, the Recovery Officer passed an order dated 5.5.2008, for the sale of the property by way of public auction on 4.7.2008. The Recovery Officer fixed Rs.12.92 lacs as the reserve price, and also fixed 28.8.2008 as the date of its auction. At the auction held on 28.8.2008, Sadashiv Prasad Singh, was the highest bidder. Accordingly, the Recovery Officer ordered the sale of the property in his favour on 28.8.2008. On 22.9.2008, the Recovery Officer, in the absence of any objections, confirmed the sale of the property in favour of Sadashiv Prasad Singh. The Recovery Officer also ordered, the handing over of physical possession of the property to the auction purchaser. Sadashiv Prasad Singh, the auction purchaser, took physical possession of the property on 11.3.2009.
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