SHREE SANMATI RICE LTD Vs. S.S. KOCHHAR

JUDGEMENT

(1.) MISC . Appeal No. 245/2007 has been filed for the modification of order dated 17.4.2007 passed by DRT -I, Chandigarh in Appeal No. 3/2007 whereby the interim relief seeking stay of the recovery proceedings as well as appointment of the Local Commissioner/Receiver was refused and for issuing direction for holding appropriate inquiry against respondent No. 1 in relation to the incidents of R.C. No. 89/2005. Appeal No. 324/2009 has been directed against the final order dated 19.11.2008 of the said DRT whereby Appeal No. 3/2007 though allowed in terms of the directions given therein, but has been disallowed qua the reliefs claimed in Paragraph 6(b), (c), (d) and (e) of the appeal memo and for issuing direction for holding appropriate inquiry against respondent Nos. 1, 5 and its officers qua the incidents of R.C. No. 89/2005.

(2.) SINCE both these appeals have arisen out of the same matter, therefore, they have been heard together and are being disposed of by a common order.

(3.) ON 5.3.2007, one of the CDs, Mr. Mahabir Prasad Jain filed a complaint with the Presiding Officer assailing the conduct of the R.O. that despite filing of transfer application and the same being pending before the Presiding Officer, the R.O. did not accede to the request for adjournment and passed the order dated 2.3.2007 in the evening. It was also complained that he was also not supplied with the copy of that order till date. It was alleged that the Bank officials and the auction purchaser had taken the possession over the property in question forcibly with the assistance of anti -social elements.