AJAY PAL SINGH Vs. CANARA BANK

JUDGEMENT

(1.) These two writ petitions are decided by this order as the facts and issues involved are similar. The facts are being taken from S.B. Civil Writ Petition No.3479/2015.

(2.) This petition is filed seeking quashing of orders dtd. 15/10/2003, 28/11/2003 and 8/8/2014, rejection of the objections by the Recovery Officer (hereinafter referred to as 'RO'), dismissal of appeals by the Debts Recovery Tribunal, Jaipur (DRT) and Debts Recovery Appellate Tribunal, New Delhi (DRAT) respectively. Further prayer is for seeking directions to hand over the vacant possession of Plot Nos.502, 503 and 512 situated in Nemi Sagar Colony, Beed Khatipura, Jaipur (hereinafter referred to as 'plots').

(3.) The relevant facts are that on 25/8/1993 agreement to sell was executed between the petitioner and Smt. Shanti Bhargava, Madhu Bhargava and Yogendra Bhargava (collectively referred hereinafter to as 'borrowers'). For securing the loan facility availed the borrowers had mortgaged the plots with respondent No.1-Canara Bank (hereinafter 'the bank'). On failure of the borrowers to maintain financial discipline, the application filed by bank before the DRT for recovery of dues was allowed on 11/6/2002. The arbitration proceedings initiated at the instance of petitioner for resolving dispute between petitioner and borrowers culminated in award dtd. 14/9/2002. The execution proceedings were initiated by bank under the Recovery of Debts and Bankruptcy Act, 1993 (hereafter 'the Act of 1993'). On request of the bank for proclamation of the plots, the RO passed order fixing the auction for 5/8/2003. A day before the auction the petitioner filed objection before the RO, claiming ownership on the basis of agreement to sell and relying upon the arbitration award passed in favour of the petitioner. The objections were rejected vide order dtd. 5/8/2003 but liberty was granted to raise the objections after the sale. The plots were auctioned on 05th and 6/8/2003. The objections filed by the petitioner on 3/9/2003 were dismissed on 15/10/2003. The borrowers executed a registered sale deed for plots in favour of the petitioner on 17/1/2004. The appeals of petitioner were dismissed by the DRT and DRAT on 28/11/2003 and 8/8/2014 respectively.