K RAVINDRANATH Vs. AUTHORISED OFFICER AND CHIEF MANAGER

JUDGEMENT

(1.) The writ petition is directed against the order of the second Respondent, Regional Provident Fund Commissioner and Recovery Officer dated 04.10.2007, by invoking the powers under Section 11(2) of the E.P.F. and M.P. Act, 1952 in respect of payment of Rs. 1,57,303.60, and for direction to make the continuance of the payment with a statutory charge in respect of the property measuring 18125 sq.ft. or 41.62 cents situated in Plot No. 49 and also the property measuring 19760 sq.ft. or 45.36 cents situated in plot No. 81 in Survey No. 70(P) of Karai Village, Walajah Taluk, Vellore District, preventing from alienating the same.

(2.) The said plot Nos. 49 and 81 situated in SIDCO Industrial Estate, Ranipet, originally belonged to one M/s. Industries and Chemical Ltd., when the bank took action against the said M/s. Industries and Chemical Ltd., under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (in short, "SARFAESI Act") in respect of failure and repayment of Rs. 2,60,75,650.50 by issuing notice under Section 13(2) of the SARFAESI Act and ultimately, after having taken possession under Section 13(4) of the SARFAESI Act, it sold the plots in public auction, in which the Petitioner is the bidder of plot No. 49 while his wife is the successful bidder of plot No. 81 and the sale was confirmed by the authorized officer of the Indian Bank, who issued the sale certificate on 11.06.2007, after receiving the entire sale consideration and the said sale certificates were also registered in the Office of the Sub Registrar, Walajahpet and the Petitioner is in possession of plot No. 49 and his wife is in plot No. 81.

(3.) The second Respondent having been served notice, has not chosen to appear, nor filed any counter affidavit. However, the first Respondent Bank entered appearance even though there was no appearance by the counsel.