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2012 Supreme(Kar) 79

D.V.SHYLENDRA KUMAR, H.S.KEMPANNA
J. Venkatesh – Appellant
Versus
J. P. Sujatha – Respondent


Advocates Appeared:
For the Complainant:Puttige R. Ramesh, Lakshmi S. Holla, Advocates.
For the Accused:S. Nagaraj, Advocate.

Judgment :-

SHYLENDRA KUMAR, J.,

1. The complainant in this contempt petition, who claims to be the Court auction purchaser of an immovable property purchased on 11.12.2008 (according to the counsel for the accused he is a bidder and not a Court auction purchaser) having purchased an immovable property namely, a residential accommodation in an auction conducted by the Recovery Officer attached to the Debt Recovery Tribunal, Bangalore in Application No.1162/1998 has sought for implementation of the order dated 29.2.2000 passed by the Tribunal on the application, that had been filed by the lender-Corporation Bank, a Nationalized public sector Bank.

2. O.A.No.1162/1995 itself has its origin in O.S.No.1391/1993, a suit that had been instituted by the Corporation Bank, Shantinagar Branch for recovery of certain amount said to have been due from its borrower (present accused person) in the name of her proprietary concern by the name and style ‘Sujatha Handlooms’. The suit was contested by the sole defendant, but the suit came to be transferred to the Debt Recovery Tribunal, Bangalore under the provisions of The Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereina








































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