ATUL SPORTS & DRAWING EMPORIUM, OLANDGANJ, JAUNPUR AND OTHERS Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF FINANCE, NEW DELHI AND OTHERS

JUDGEMENT

(1.) The counsel for the petitioners at the outset contended that petitioners are challenging the ex parte decree dated 09.09.2002 passed by the Debt Recovery Tribunal in Transfer Case No. 106 of 2000 as well as the order, which has been passed by the Recovery Officer on 21st July, 2010.

(2.) I am of the considered opinion that the first prayer made by the petitioners is an abuse of process of the Court. From the records of the present writ petition it is clear that after the judgment dated 09.09.2002 was passed in Transfer Application No. 106 of 2000. The judgment debtor made an application for setting aside the ex parte decree, which was numbered as Application No. 216 of 2002. This application was dismissed by the Debt Recovery Tribunal on 14.01.2003. Recovery proceedings were initiated in terms of the aforesaid judgment and decree. The property in dispute was attached and was actually sold. At that stage the petitioners (predecessor in interest) filed Writ Petition No. 12655 of 2004 challenging the order dated 14.09.2002, whereby the Transfer Application was directed to proceed ex parte. The writ petition is stated to have been decided under the judgment and order dated 21.02.2004. Copy of the order dated 21.02.2004 has not been brought on record for the reasons best known to the petitioners.

(3.) On a pointed query of the Court, the counsel for the petitioner replied that the writ petition was dismissed as withdrawn.