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CHAIRPERSON, K.GNANAPRAKASAM
P. Shamil Ahmed – Appellant
Versus
Oriental Bank of Commerce – Respondent


Advocates:
Counsel for the Parties:
For the Appellant: Mr. K.A. Mohamed Mustaffa.
For the Respondent: M/s. Murthi & Vasan.

Order

1. The Appellant is the Auction Purchaser of the properties in the public auction held on 11.1.2005. Six items of properties were brought to sale on that day. In fact, a Corrigendum was issued in respect of Item-5 of the property whereby the extent and the Upset price of the property were reduced. The Auction purchaser is the successful bidder of Items 5 and 6 of the properties. Subsequent to the auction, the Recovery Officer also given a letter of the Appellant on 19.1.2005 stating that P. Shamil Ahmed and four others have participated in the public Auction held on 11.1.2005 for sale of piece and parcel of the properties and they have been declared as successful bidders. Subsequently, the Recovery Officer suo motu passed Order on 18-2-2005 stating. “On perusal of the title deeds and other Original Documents relating to the auctioned properties, it is found that in respect of Item No. 5, the boundaries and dimensions as specified in the document does not conform with the description provided in the schedule to the DRC based on which the sale proclamation was issued. Further, in respect of Item No. 6, the original title deeds are not readily traceable, hence, it is not found









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