S.P. Srivastava and M.P. Singh, JJ. - (1.) Heard, learned counsel for the petitioner. Learned counsel for the respondent-Bank, who has put in appearance on advance notice, has also been heard.
(2.) The suit filed by the State Bank of India against the petitioner was decreed, by the Civil Court of competent jurisdiction on 4.4.1996. This is claimed by the petitioner to be an ex parte decree. The Debt Recovery Tribunal, Allahabad, in the proceeding for executing the said decree issued a certificate for recovery of the decreed amount on 12.7.2001.
(3.) In the writ petition, it has been asserted that the amount sought to be recovered comes to Rs. 24,52,896.69. The suit had been filed in the year 1992 and the decretal amount has not been recovered as yet. The petitioner alleges that in the proceedings for execution of the decree for recovery of the aforesaid amount, the property of the defendants/judgment debtor has been attached which is now likely to be sold by public auction scheduled for 16.11.2002.;