RATHEESH M.N Vs. M.P.DINESH

JUDGEMENT

(1.) This contempt of court case is preferred by Sri. Ratheesh M.N., who was an auction purchaser of an extent of property, at an auction conducted by the Bank on 24.2.2014. The property in question belonged to the 3 rd respondent Sri. M.V.Shaji, who had stood security to a loan availed by one A.R.Sajan, and had mortgaged the property in question to the Bank as security, for the advancement of the loan amount to the borrower. The proceedings for recovery of the loan amount advanced, commenced before the civil court and culminated with the order of the Debts Recovery Tribunal [DRT] that ordered for a sale of the property, through auction. After the auction, when the auction purchaser sought delivery of possession of the property from the Bank, the Recovery Officer of the DRT passed an order appointing an Advocate Commissioner to take possession of the property so as to give vacant possession of the same to the auction purchaser.

(2.) The attempts by the Advocate Commissioner to take possession of the property however met with stiff resistance from the 3 rd and 4th respondents herein, who were aided by other persons in the locality. This led the auction purchaser to approach this Court through Writ Petition No.30651/2017 seeking for police protection to enable the Advocate Commissioner to take possession of the property.

(3.) By an order dated 26.10.2017, a Division Bench of this court directed police protection to be granted to the Advocate Commissioner for executing the order of the Recovery Officer of the DRT. Although many attempts were made by the police authorities to implement the directions of this Court, the said attempts were rendered futile by the vehement opposition of respondents 3 and 4, who along with their supporters caused a tense and potentially volatile situation to prevail in the area so that the police authorities could not carry out their task of implementing the directions issued from this Court.