Alok Singh, J. - (1.) PETITIONER is claiming to be the auction -purchaser of the property in question. Present petition is filed by the petitioner/auction -purchaser assailing the order dated 21.9.2012 passed in Appeal No. 08 of 2012 by the Debts Recovery Tribunal, Ranchi, whereby prohibitory order was passed not to issue sale certificate in favour of the petitioner/auction -purchaser.
(2.) LEARNED counsel appearing for the petitioner has vehemently argued that the dispute between the two Banks (Canara Bank and Bank of Maharashtra, Ranchi Branch, Ranchi) is pertaining to the rateable distribution of the auction amount and in such a dispute, confirmation of the auction sale should not have been stayed. He further submits that the D.R.T., Ranchi may adjudicate the dispute of rateable distribution of the auction amount between the two Banks and should confirm the auction sale in favour of the petitioner, in view of the fact that, the sale is not under challenge. In the opinion of this Court, since Appeal No. 08 of 2012 is still pending before the Debt Recovery Tribunal, Ranchi, therefore, interest of justice would be served, if a direction is issued to the petitioner to move an appropriate application before the D.R.T., Ranchi for the modification of the order seeking further direction for the confirmation of the sale.
(3.) AT this stage, learned counsel for the petitioner submits that an appropriate application for the modification/recalling of the order dated 21.9.2012 shall be moved preferably within 30 days from today. However, the D.R.T., Ranchi be directed to decide the application as well as the appeal at the earliest, so that, the petitioner may not face uncertainty for the indefinite period on the question of confirmation of the sale. Present petition is, thus, disposed of with the direction that the petitioner may move an appropriate application for recalling/modification of the order dated 21.9.2012 within 30 days from today. Thereafter, the D.R.T., Ranchi shall decide the application as well as the appeal on its own merit, in accordance with law, preferably within 90 days thereafter.;