O.P.AGRAWAL Vs. ADDITIONAL REGISTRAR

JUDGEMENT

(1.) Appellant herein has questioned the legality and validity of the order dtd. 28/08/2017 passed by learned writ Court in Writ Petition No.2515/2001 whereby writ petition preferred by him was allowed in part.

(2.) Facts of the case in nutshell, are that, the respondent No.5 i.e. Chhattisgarh Bunker Sahakari Sangh Maryadit obtained a loan from District Central Co-operative Bank Maryadit, Raipur but failed to repay the loan amount. Respondent No. 4 initiated a proceeding before the Deputy Registrar Co-operative Societies for recovery of loan amount which was registered as case No. E-64-108/91-92. The said case was decided against respondent No.5 on 31/03/1998 and an order of recovery of Rs.11,99,498.38 along with interest @ 10.50% from the date of filing of application/case till its realization was ordered.

(3.) Respondent No.4 filed an application for execution of order/decree passed by Deputy Registrar, Co-operative Societies under the provisions of Sec. 85 of the Chhattisgarh Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act of 1960'). In execution proceedings, one Recovery Officer was appointed. In the process of execution of order/decree the immovable properties of respondent No.5 i.e. building and also land measuring 60800 square feet was valued at Rs.1,00,00,000.00. The Recovery Officer vide its order dtd. 25/01/2000 appointed Shri V. K. Dubey, Co-operative Inspector as Sale Officer, who initiated auction sale proceeding on 20/09/2000. The auction sale was conducted for part of land measuring 13202 square feet and building situated on part of it. The appellant participated in bid proceedings and offered highest bid of Rs.52,80,800.00. His bid was accepted and subsequently sale certificate was also issued in his favour on 20/11/2000.