DR R CHAMUNDEESWARI D/O T C RAMAKRISHNA, ETC ETC Vs. INDIAN OVERSEAS BANK THIRUVANMIYUR BRANCH AND THE REGISTRAR, DEBT RECOVERY TRIBUNAL-1, ETC ETC

JUDGEMENT

(1.) For convenience, the Debt Recovery Tribunal and the Debt Recovery Appellate Tribunal are hereinafter referred to as "DRT" and "DRAT" respectively.

(2.) Subsequently, the interim order of stay in W.P. No. 6149 of 2005 was made absolute, subject to condition of deposit of 50% of the amount. W.A. No. 2109 of 2005 was filed against such order dated 10.8.2005, but such appeal was withdrawn with liberty to pursue the remedy available before the DRT / DRAT as apparent from order dated 21.12.2005.

(3.) It is contended by IOB., the petitioner in W.P. No. 49641 of 2006, that the Appellate Tribunal has not considered the fact that the auction was conducted on 2.3.2005 and the sale was subsequently confirmed on 3.3.2006 and sale certificate had been issued and he Tribunal should have taken into account the interest of the auction purchaser. It is further contended that Respondents 1 to 3 had remained absent inspite of service of notice to evade payment and to protract the proceedings. It is further contended in the grounds that the Tribunal should have taken into account the fact that similar appeal filed by the guarantor had been rejected by the DRAT.