- (1.) HEARD learned counsel for the petitioner, Shri Vipin Sinha appears for respondent bank and Shri Vivek Kumar Singh appears for respondent nos. 4 and 5.
(2.) BY this writ petition, the petitioner has prayed for quashing the auction dated 21st April, 2006 of the mortgaged assets in pursuance of the judgment and decree dated 21st February, 2005 passed by Debt Recovery Tribunal, Allahabad in Transfer Application No. 148 of 2000. The original application was filed by the bank for recovery from the petitioner, which application was allowed for an amount of Rs. 26,87,036.29/- together with pendente lite and future interest at the rate of 15% per annum. In pursuance of the decree passed by the Tribunal the auction was held on 21st April, 2006 in favour of respondent nos. 4 and 5 for an amount of Rs. 6.30 lac. The petitioners had come up in this writ petition, challenging the auction, one of the ground of challenge was that the bank had sought report from valuer, who had submitted a valuation of the house as 15.8 lac.
(3.) IT was contended that the sale of the industrial plot was on a throw away price. This Court while entertaining the writ petition, passed an interim order on 9.5.2006, which is to the following effect: "Heard. Issue notice. Shri Vipin Sinha, learned Advocate has accepted notice on behalf of respondent no. 3, therefore, notice need not be sent to respondent no. 3. Learned counsel for the petitioner has served copy of this writ petition along with annexures in the office of the Chief Standing Counsel. Ms. Madhu Tandon, learned Standing Counsel has submitted that standing counsel does not represent any of the respondents. The office of the Chief Standing Counsel is directed to return all the copies of the writ petition to the learned counsel for the petitioner. Notice be sent to respondents nos. 1, 2, 4 and 5 through Registered Post with acknowledgment due returnable at an early date. Requisite steps be taken within one week. Learned counsel for the respondent no. 3 prays for and is allowed three weeks' time to file counter affidavit. Learned counsel for the petitioner will have three weeks' time thereafter to file rejoinder affidavit. List in the third week of July, 2006 along with service report of notice. Until further orders of this Court we direct the respondents not to enforce impugned recovery/auction (Subject matter of the writ petition) and further the auction, in question, as already held shall not be confirmed." ;