- (1.) Heard learned counsel for the parties.
(2.) By this petition, the petitioner has sought relief in the nature of certiorari for quashing the orders, dated 10.1.2003 passed by the Presiding Officer, Debt Recovery Tribunal, Allahabad in D.R.C. No. 96 of 2002 (Central Bank of India Vs. M/s Sanjeev Traders and others), dated 11.3.2003 passed by the Chairperson, Debt Recovery Appellate Tribunal, Allahabad in Appeal No. 279 of 2003 (Smt. Lal Bai Patel Vs. Central Bank of India & others), and order dated 29.1.2003 passed by the Recovery Officer, Debt Recovery Tribunal, Allahabad in D.R.C. No. 96 of 2002 (Central Bank of India Vs. M/s Sanjeev Traders and others) contained in Annexures No. 7,10 and 8 respectively to the writ petition. Further she has sought relief in the nature of mandamus directing the confirmation of the sale of the property in favour of the petitioner.
(3.) It is stated that the Debt Recovery Tribunal, Allahabad in exercise of the powers under the Recovery of Debt Due to Banks and Financial Institutions Act, 1993, herein after referred to as 1993 Act, issued a Recovery Certificate on 19.3.2002 against the respondents no.3 to 6 for recovery of sum of Rs. 13,70,220=00, in pursuant thereto the Recovery Officer, Debt Recovery Tribunal, Allahabad initiated the recovery proceedings against the respondents no. 3 to 6, under the provisions of 1993 Act. In furtherance of said Recovery proceedings the Recovery Officer attached the immovable property of respondent no.5 being House No.B-37/115, Birdopur, Rathyatra, Varanasi under Rule 48 of the Second Schedule of the Income Tax Act, 1961 read with Section 29 of the 1993 Act. On 12.12.2002 a public notice was published in the newspaper "Hindustan" in respect of the sale of the aforesaid immovable property of respondent no.5 by auction sale. As per programme, terms and conditions of the sale, the aforesaid property of respondent no.5 was to be auctioned in an open public auction on 18.12.2002 by the Recovery Inspector, Debt Recovery Tribunal, Allahabad. The reserve price of the aforesaid property was fixed by the Recovery Officer, Debt Recovery Tribunal, Allahabad as Rs. 4 lakhs. It is stated that on 18.12.2002 auction sale was held by following all the necessary formalities in accordance with the Act and the Rules, and the petitioner also participated in the auction proceedings alongwith several bidders, but the bid of the petitioner was found to be the highest to the tune of Rs. 11,15,000/-, consequently the same was accepted. As per the terms and conditions of the Auction, the petitioner deposited 25% of the bid amount immediately and the balance amount on 31.12.2002. In the result Provisional Sale Certificate was issued to the petitioner by the Recovery Inspector, Debt Recovery Tribunal, Allahabad on 18.12.2002. The copy of the Provisional Sale Certificate dated 18.12.2002 is enclosed as Annexure-4 to the writ petition.;