- (1.) BY the Court. - Heard the 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. 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 for 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.
(3.) IT may be noticed that according to the petitioner an application for setting aside the ex parte decree had been filed on 24-10-2002 but the said application is still pending. In the said application despite prayer for setting aside the ex parte decree a prayer for the grant of interim relief had also been made praying for staying the attachment order in DRC No. 344 of 2001.;