EVISION ASSOCIATES Vs. UCO BANK

JUDGEMENT

(1.) I.A. No. 10851/2009, an application for dismissal of petition filed by respondent No. 3 is taken up for consideration.

(2.) It is the contention of the respondents that the petitioner has filed an Appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 wherein the relief claimed is similar as is sought in this petition. It is submitted that the property in question was put to auction and the respondent No. 3 purchased the same and sale certificate has been issued in his favour on 8.4,2009 and he is in possession of the same. The respondents seek dismissal of the petition on these facts.

(3.) The petitioner opposes the application seeking dismissal of the petition. Learned Counsel for the petitioner submits that the issue raised in present Writ petition-cannot be tried by the Debts Recovery Tribunal. It is contended that the reserve price which was fixed for the immovable property sold in auction was fixed on the lower side, this aspect, it is submitted, is beyond the scope of the appellate jurisdiction of the Tribunal under Section 17 of the Act of 2002.