D RANI Vs. JOINUS INTERIORS AND CONSTRUCTION LTD

JUDGEMENT

(1.) THIS writ petition has been preferred by the auction purchaser against the order dated 26th April, 2007, passed by the Debts Recovery Appellate Tribunal, Chennai (hereinafter referred to as 'appellate Tribunal') in M. A. No. 30/04. By the impugned order, the Appellate Tribunal set aside the ex-parte final order dated 26th Nov. , 2002, passed by the Debts Recovery Tribunal ? I, Chennai (hereinafter referred to as 'tribunal') as also the sale of land in question, which was made in favour of the petitioner at the cost of the appellant with interest.

(2.) THE main plea taken by the petitioner is that the sale having made as per order of the Tribunal and having confirmed, in absence of challenge to such sale u/s 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'drt Act, 1993'), it was not open to the Appellate Tribunal to set aside the sale in appeal preferred by the borrower against an ex-parte decree.

(3.) LAKSHMI Vilas Bank Ltd. , (hereinafter referred to as 'bank') filed application u/s 19 of the DRT Act, 1993, against the borrowers, respondents 1 to 5. The ex-parte decree was passed by the Tribunal on 26th Nov. , 2002. The borrower filed M. A. No. 105/03 in the said O. A. No. 128/01 before the Tribunal, challenging the ex-parte proceeding, which was rejected by the Tribunal vide order dated 17th Nov. , 2003, giving rise to the appeal preferred by the borrowers u/s 20 in M. A. No. 30/04. In the meantime, recovery certificate No. 2/03 was issued on 14th Jan. , 2003 and order of attachment was issued by recovery officer on 8th May, 2003. The recovery officer, to give effect to the decree, issued auction notice on 25th June, 2003 and the petitioner being the highest bidder, he deposited a sum of Rs. 3,05,000/= on 30th July, 2003. Sale certificate was issued by the Tribunal on 4th Feb. , 2004, which was also confirmed.