VINOD KUMAR Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) This petition is filed against order dated 18th January, 2007 passed by the Recovery Officer attached to Debt Recovery Tribunal ? I, Delhi. Respondent no.1/Bank has obtained decree from the Debt Recovery Tribunal and recovery proceedings are in the progress which are being conducted by the Recovery Officer. There are various persons against whom the Recovery Certificates have been issued including the petitioner herein. Property of the petitioner at Ballabgard was mortgaged with the respondent no.1/Bank and therefore respondent no. 1/Bank has applied for sale of the said property. When the matter was listed on 12th January, 2007, the valuation report in respect of this property was filed by the Bank and the Recovery Officer adjourned the matter to 18th January, 2007 at 2.00 PM for settling the sale terms.

(2.) On 18th January, 2007, petitioner did not appear and in these circumstances, the Recovery Officer passed the sale proclamation order fixing the reserve price of Rs. 7.73 lakhs. For their non-appearance, a show-cause notice for arrest was issued to the petitioner herein.

(3.) In this petition, petitioner alleges that because of traffic chaos on that day, the lawyers and litigants were prevented from reaching the Tribunal and it is because of this reason that the petitioner could not appear in the Court. Later on when he enquired about the case, he was informed that the matter is adjourned to 8th February, 2007. However, he came to know that the matter was taken up at 3.00 PM and aforesaid order passed.