R ELANGO Vs. PRESIDING OFFICER, DEBTS RECOVERY TRIBUNAL

JUDGEMENT

(1.) Match Winners Tex Private Ltd., Tirupur, has borrowed money from Bank of India, Coimbatore. Petitioner has stood as guarantor for Rs.1,20,00,000/-. As the borrower did not repay, bank initiated proceedings in O.A. No.187/2005, for recovery of a sum of Rs.4,83,71,791/-. Debts Recovery Tribunal, Coimbatore, passed an order on 05.07.2007 and subsequently an amended order dated 11.09.2009 was issued. Corrigendum was also issued on 22.12.2009 to the effect that a sum of Rs.4,83,71,791/- was due, as on 30.04.2011. Accordingly, Recovery Certificate was issued against M/s.Match Winners Tex Pvt. Ltd. represented by its Director Mr.Rayappan @ Duraisamy and three others. R.Elango, writ petitioner, has been shown as one of the Directors of M/s.Match Winners Tex Pvt. Ltd., Perundurai.

(2.) Consequent to the Recovery Certificate, Recovery Officer, Debts Recovery Tribunal, Coimbatore, in recovery proceedings in R.P. No.05/2011 in DRC No.4/2011 in O.A. No.187/2005, dated 07.02.2017, passed an order of attachment of immovable property, which is extracted here under:

(3.) In the same Recovery Proceedings (R.P.) No.05/2011, Recovery Officer has issued a notice for drawing up proclamation sale, setting out the terms thereof, and the schedule mentioned properties mentioned, in the order of attachment. Coming to know of the order of attachment, and proclamation sale, writ petitioner, has sent a representation dated 21.02.2017, to the Recovery Officer, Coimbatore contending inter alia that the signatures of the writ petitioner has been forged, in collusion with the borrower, and that a case in Crime No.21/2005 has been registered on the file of City Crime Branch, Tiruppur, where Mr.Rayappan @ Duraisamy and Mrs.Uma Rayappan, Directors of M/s.Match Winners Tex Private Ltd., Tiruppur, have been arraigned as accused.