MANDEEP SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present writ petition is to the instructions dated 13.06.2012 (Annexure P-13) issued by the Government of India, Ministry of Finance directing the Presiding Officers of the Debt Recovery Tribunals to conduct all auctions electronically (for short "the e-auction").

(2.) Though the petitioner has also challenged the orders passed by the Debt Recovery Tribunal in the matter of attachment and sale, but we leave that question open to the petitioner to seek their adjudication before the appropriate forum. In the present writ petition, we restrict ourselves to examine the challenge to the conduct of e-auction.

(3.) Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short 'the Act') confers power under Section 29 of the said Act with the Debt Recovery Tribunal to sell the property of the certificate debtors in terms of 2nd and 3rd Schedules to the Income Tax Act, 1961 and also Income Tax (Certificate Proceedings) Rules, 1962 (for short 'the Rules'). Part-III of 2nd Schedule to the Income Tax Act deals with attachment and sale of immovable property. Rule 56 of the Rules contemplates sale by public auction. The said Rule reads as under: