RAJESH SHANKAR, J. - (1.) Heard learned counsels for the parties.
(2.) The present writ petition has been filed for quashing of the order dated 05.08.2008 passed by Presiding Officer, Debts Recovery Tribunal, Ranchi (in short to be referred as "the DRT, Ranchi"), whereby an application filed under Section 22 (2) (h) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ( hereinafter referred to as "the Act") against the order dated 28.05.2008 passed by the respondent no.2 in R.P. Case no. 02 of 2002 has been directed to be treated as an appeal.
(3.) Learned counsel for the petitioner submits that a Recovery Certificate was passed ex parte by the Debts Recovery Tribunal, Patna in O.A. no. 58 of 1998 against the petitioner and in favour of respondent no.1 for recovery of a total sum of Rs.14,84,283.39 and thereafter, recovery proceeding was initiated vide R.P. 21 of 1998 (re-numbered as R.P. 02 of 2002) in which a land measuring 1.46 acres was sold in auction sale to the respondent no.3 at Rs.23,90,000/-. It is further submitted that the petitioner made an objection to the auction sale by an application dated 05.10.2006 alleging that the property other than the mortgaged property has been sold in auction and the petitioner is not being allowed for in-grace or out-grace to the remaining portion of his land. The said application was rejected on 28.05.2008 by the respondent no.2 holding inter alia that similar petitions have been rejected several times by the executing court and as such, the said court is not competent to reconsider. It was further held by the respondent no.2 that so far dispute about in-grace and out-grace in the property is concerned, it is a civil dispute and the same is already pending before the Revenue (Civil) Court of DM (Ramgarh). Against the said order dated 28.05.2008 passed by the respondent no.2, the petitioner filed application before the Presiding Officer, DRT, Ranchi. However, the Presiding Officer, DRT, Ranchi vide order date 05.08.2008 held that said application should be treated as an appeal subject to payment of requisite Tribunal fee and the registry of DRT was also directed to do the needful. The said order dated 05.08.2008 is under challenge in the present writ petition.;