WELFARE BUILDING AND ESTATES PVT LTD Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) MR. Sailesh, learned Counsel for the applicant appears. MR. Pankaj Kishore learned Counsel on behalf of decree holder bank appears.

(2.) The simple prayer of the petitioner in the instant miscellaneous application is that a direction be passed on the learned Recovery Officer for consideration of their objection in RP. case No. 96/2002.

(3.) IT is pertinent to refer to the case law reported in (1974) 697 ITR 310 (Mad.) wherein it was held that "when the claim is filed under Rule 11 the Recovery Officer has to decide in whose name the property stood. Recovery Officer can attach and sell the properties which are in the name of the certificate debtor."