ADITYA NATH MITTAL, J. - (1.) HEARD learned counsel for the petitioner and learned counsel appearing for the respondent no.4.
(2.) THIS writ petition has been filed with the prayer to command the Presiding Officer, Debts Recovery Tribunal, Lucknow to decide the Appeal No.19 of 2012 filed under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, (here -in -after referred to as the "Act") within a stipulated period of time.
(3.) LEARNED counsel for the petitioner has submitted that the proclamation of the sale order dated 02.05.2012, the Recovery Officer, DRT, Lucknow in DRC No.68 of 2006 (Oriental Bank of Commerce, Moradabad vs. M/s. M.S.V.S. Agro Products Pvt. Ltd. and others) ordered the sale of the property by way of a public auction.? The Recovery Officer fixed Rs.1.50 crores as the reserved price and 22.06.2012 was fixed as the date of auction.? In the said public auction, the petitioner was the auction purchaser and his bid was highest. As the petitioner was highest bidder, the Recovery Officer confirmed the sale of the property in favour of the petitioner on 29.10.2012. Thereafter, on 28.02.103, the possession of the said property was handed over to the petitioner and thereafter the land in question was mutated in favour of the petitioner. It has also been submitted that belated appeal (Appeal No.19 of 2012) was preferred under Section 30 of the Act before the Tribunal wherein the learned Tribunal was pleased to pass an interim order on 01.03.2013 and the petitioner was restrained from creating any third party interest over the property in question. Thereafter, several dates were fixed in the matter, but the appeal could not be heard finally and lastly the appeal was listed on 24.02.2015 and on that date the learned Tribunal has fixed the next date for 13.08.2015.;