9911796707
TMI Blog2006 (11) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... property rights over the property purchased by him through the proceedings taken by the Recovery Officer, Debts Recovery Tribunal-II, Kolkata. 2. Heard learned counsel for the parties. 3. Brief facts of the case are that an advertisement (annexure 1 to the writ petition) was issued in the newspaper by the Recovery Officer, attached to the Debts Recovery Tribunal-II, Kolkata in Dena Bank v. KHSL Industries Ltd. [T.R.C. No. 6 of 2002] for sale of industrial units, one of which is located at Tanakpur, District Champawat in Uttaranchal. The petitioner in pursuance to said advertisement, submitted his tender complying with the condition of sale notice. The bid of the petitioner being highest at Rs. 9,00,000 was accepted and sale conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made request to the District Magistrate, Champawat to take charge of the unit at Tanakpur. Consequently, a representation of the Official Liquidator accompanied by local Tehsildar, demanded possession of the premises from the petitioner. When the petitioner disclosed to the said persons that he is the owner of the property, the District Magistrate without issuing notice and affording any opportunity of hearing to the petitioner unilaterally acted on the report of the Tehsildar and passed the impugned order dated 5-5-2005, (annexure 14 to the writ petition) restraining the petitioner from alienating or dissipating the movable and immovable property of the unit purchased by him. Aggrieved by the said order, this writ petition has been filed r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up process as its registered office is situated in District Kanpur of the State of U.P. Relying on the said provision, it is stated by respondent No. 4 that the present writ petition is not maintainable and the petitioner should have approached the High Court of Judicature at Allahabad, for seeking the remedy in the matter. 6. Before further discussions, it is pertinent to mention here that the provisions applicable to the present case, section 34 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, reads as under : "34. Act to have overriding effect. (1) Save as provided under sub-section (2), the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Official Liquidator, acting in compliance of the order dated 15-10-2003, in Company Petition No. 77 of 1999. 8. Therefore, for the reasons, as discussed above, the writ petition deserves to be allowed and the impugned order dated 5-5-2005, (annexure 14 to the writ petition) is liable to be quashed. Accordingly, the writ petition is allowed. The impugned order dated 5-5-2005, passed by the District Magistrate, Champawat, is quashed. It is further directed that the respondents shall not interfere in the petitioner s exercise of propriety rights except in accordance with law in respect of the unit belonging to M/s. Khaitan Overseas Finance Ltd., located at Poornagiri, Tanakpur, District Champawat, purchased by him, under the proceedings o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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