V. GANESAN Vs. CANARA BANK & ORS.

JUDGEMENT

(1.) The respondent No.2 in this appeal is the borrower whose persistent failure to pay the agreed amounts led to the sale of the mortgaged property which was purchased by the appellant in an auction held on 13th December, 2005.

(2.) On 10th January, 2006, the second respondent filed an application for setting aside the aforesaid sale which was rejected by the Recovery Officer on 20th January, 2006. On the same day, i.e. 20th January, 2006, the sale in favour of the appellant was confirmed and sale certificate was issued. On the next date i.e. 21st January, 2006, a sale deed was executed in favour of the appellant and the title deeds were handed over to the said appellant. Thereafter on 3rd February, 2006 the respondent No.2 filed another application under Section 27(2) of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 seeking leave to deposit the amount at which the property was purchased by the appellant. The said application was once again dismissed.

(3.) Thereafter, it appears that the second respondent preferred Transfer Petition No.61 of 2006 before the Debts Recovery Appellate Tribunal, Chennai (hereinafter referred to as "the DRAT, Chennai") for transfer of proceedings from Debts Recovery Tribunal, Coimbatore ("DRT, Coimbatore" for short) where it was pending to Debts Recovery Tribunal, Chennai ("DRT, Chennai" for short) on the ground that the DRT, Coimbatore was not in a position to hear the case due to the absence of a Presiding Officer. During the pendency of the aforesaid Transfer Petition, the second respondent on 19th June, 2006 filed an I.A. under Rule 22 of the DRAT (Procedure) Rules, 1994 seeking the same relief i.e. setting aside of the sale. The aforesaid relief was sought, ostensibly, to secure the ends of justice as according to the said respondent the property in question was the only piece of property left with him. Though the aforesaid prayer was opposed by the appellant, the DRAT, Chennai by order dated 19th October, 2006 allowed the said application and set aside the sale made in favour of the appellant on certain conditions. Aggrieved, the appellant moved the High Court of Madras by way of a writ petition which was dismissed by the impugned order dated 29th March, 2007. Hence the present appeal.