(1.) CM(M) 3104/2005 seeks to challenge the order dated 02.12.2005 of the Recovery Officer DRT-1 whereby the Recovery Officer has rejected the objection of the petitioner who stated himself to be the owner in possession of property, plot No.99, DLF, Model Town, Sector 10, Faridabad, Haryana, measuring 1000 sq.yards.
(2.) Brief facts of the case, as has been narrated in the petition under Article 227, are as:-
(3.) It is contented by counsel for the petitioner that this is a strange case where in spite of a restraint order passed by a court of competent jurisdiction, the Recovery Officer should assume himself to be an extra constitutional authority and claim himself not to be bound by a judicial order, went on to auction a plot of land against which the debt stood discharged. He contends that the Recovery Officer had no jurisdiction to proceed with the matter when a court of competent jurisdiction had granted an injunction against the sale of the property. He also contends that the Bank had brought this fact to the notice of the Recovery Officer well in time. He contends that subsequently even the debt had been discharged by the judgment-debtor and the scenario that has emerged is that the Recovery Officer while violating the orders of the Court has recovered twice over and more.