BANK OF INDIA Vs. SATBIR SINGH

JUDGEMENT

(1.) This is an application filed by Shri Jagdhir Singh under Section 47, 145 read with Order 21 Rule 54 and 67 of the Code of Civil Procedure. The contention of the petitioner in this application is that the sale proclamation dated 6.3.1997 is bad in view of serious illegalities in it and under such circumstances it be recalled.

(2.) It is submitted by the counsel appearing for the applicant that the sale proclamation is liable to be recalled as it does not correctly reflect the liability of the judgement debtors and of the surety in respect of the decretal amount. The counsel drew my attention to Annexure 'X' annexed with the application which is stated to be a statement of account supplied to him by the bank. The said account shows a debit balance of Rs. 63,401.18 as on 29.11.1996 and accordingly, as submitted by the counsel, sale proclamation showing a sum of Rs. 3,87,167.45 is illegal on the face of it.

(3.) I have heard the learned counsel appearing for the decree holder also on this issue. The counsel drew my attention to the statement of account which is filed by the decree holder showing a total amount payable as Rs.3,57,606.51. From the aforesaid statement of account placed on record by the decree holder, it is disclosed that as per the ledger the outstanding is Rs.l,23,401.80 and uncharged interest as on the date is Rs.2,08,225.00 and with the cost, the total amount payable is shown as Rs.3,57,606.51. The aforesaid statement of account is certified under the Bankers Book of Evidence Act. As against the aforesaid account produced by the decree holder which is on record, the statement of account relied on by the counsel for the applicant is a statement of account which is unsigned and is not certified under the Bankers Book of Evidence Act. It appears that the aforesaid statement of account filed by the applicant does not include the amount towards uncharged interest. Under such circumstances, the contention of the counsel appearing for the applicant has no merit and is accordingly rejected.