DUK NATH NEPAL Vs. TENZI YESHI

JUDGEMENT

(1.) The Petitioner is aggrieved by the proclamation of Sale, dtd. 13/10/2022, concerning property which allegedly was not mortgaged with the Contemner/Opposite Party, which is a Bank. It is submitted by Learned Counsel for the Petitioner that the Opposite Party had deliberately failed to disclose that the property in question had a sole bidder, Smt. Leela Singhal, C/o Shri Anil Singhal, a resident of M.G. Marg, Gangtok. That, the omission and selective disclosure are wilful acts intended to suppress material facts and mislead this Court. That, despite the stay Order of this Court, the Contemnors had executed a Deed of Conveyance in favour of one Smt. Leela Singhal on 6/3/2024, disobeying, disregarding and acting against the Orders of this Court.

(2.) To comprehend the matter in its correct perspective, it is necessary to look into the backdrop of the instant matter. Initially, the Petitioner was before a Single Bench of this Court in WP(C) No.51 of 2021 seeking mandamus against the State (Respondents No.1 and 2), the Allahabad Bank (Respondent No.3) and the Recovery Officer of Debts Recovery Tribunal, Siliguri (Respondent No.4). The prayers enumerated in the Writ Petition (supra) were as under;

(3.) The Learned Single Judge after considering the facts and circumstances of the case ordered as follows;