DAVINDER SHARMA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed by one Shri Davinder Sharma against order dated 15.5.1996 passed by Debts Recovery Tribunal, Jaipur in O.A. No. 86/96. By the impugned order, recovery application of Central Bank of India against the defendants in the said O.A. has been allowed and a sum of Rs. 27,64,468/- with interest @ 12.5% per annum with quarterly rests from the date of filing of the said O.A. till realization and a sum of Rs. 20,65,023.33 with interest @ 16.5.% per annum with quarterly rests from 15.6.1988 till relization has been decreed. The operative portion of the impugned order directs that the Bank is also entitled to recover the aforesaid sum by way of sale of hypothecated as well as mortgaged properties of the defendants.

(2.) Since immovable properties had been mortgaged with the certificate holder, Central Bank of India, the property in question, being one of the mortgaged properties, was put to auction by the Recovery Officer in execution proceedings and the same has been sold in the same proceedings to one Shri Gurdeep Singh who is respondent No. 4 in this appeal.

(3.) ADMITTEDLY, there was no plea by any of the defendants that the aforesaid immovable property had not remained the property of one of the defendants who owned the same and, therefore, any mortgage of the property created by the concerned defendant having no title thereon when the mortgage was created, was without any title. Consequently, when there was no such plea, there was no issue before the Tribunal below to give finding on that plea. Resultantly, the impugned order does not suffer from any defect that the aforesaid plea was not dealt with and decided upon by the Tribunal below.