E SATHYASEELAN Vs. RECOVERY OFFICER

JUDGEMENT

(1.) Challenging the order dated 29.04.2012 passed by the first respondent in I.A.Nos.654/13 and 655/13 in R.P.No.47/2008 in DRC No.47/2008 and the sale certificate dated 18.03.2009, registered as Document No.1557 of 2009, on the file of Sub - Registrar, Pollachi, the present writ petition has been filed.

(2.) The second respondent Bank has filed an application in O.A.No.323 of 2004, before the Debts Recovery Tribunal, Coimbatore, against the petitioner, for recovery of a sum of Rs.28,18,604.45, for the loan facilities availed by M/s.Etiland Products Private Limited / third respondent, in which, the petitioner was one of the Directors. On 07.06.2007, an exparte decree came to be passed. The petitioner could receive the exparte decree, only after filing an application on 06.03.2008. Thereafter, the petitioner preferred an appeal before the Debts Recovery Appellate Tribunal, with a petition to condone the delay in filing the appeal. The application was numbered as I.A.No.823 of 2008 in IN No.244 of 2008 and the same was dismissed with cost of Rs.5,000/-. During the pendency of the condone delay petition, the second respondent Bank sold the property.

(3.) The petitioner has challenged the order dated 10.02.2009 passed in I.A.No.823 of 2008, before this Court, by filing a writ petition in W.P.No.6571 of 2009. This Court, vide order dated 17.04.2009, directed the petitioner to pay a sum of Rs.25 Lakhs, pending disposal of the writ petition. In the meanwhile, the second respondent Bank had informed that the respondents 5, 6, 7 and 8 in the present writ petition were the auction purchasers of the property. Therefore, the above said private respondents 5, 6, 7 and 8 were also impleaded as parties. After hearing the parties, this Court set aside the order dated 10.02.2009 passed in I.A.No.823 of 2008 and directed the Debts Recovery Appellate Tribunal to number the appeal and further directed to maintain status-quo in respect of the property, till the disposal of the appeal, by the Debts Recovery Appellate Tribunal.