SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2007 Supreme(Ker) 842

THOTTATHIL B.RADHAKRISHNAN
Bhat – Appellant
Versus
Anugraha Charitable Trust – Respondent


Advocates Appeared:
For the Petitioners: P.R. Venkatesh & Zakeer Hussain.
For the Respondents:R.D. Shenoi (Sr. Advocate), R. Ranjanie, S. Easwaran & R. Lakshmi Narayan.

JUDGMENT :

1. Petitioners were among the debtors in a proceedings under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, hereinafter referred to as the “RDB Act”, for short, that led to Ext.P1 order dated 23-6-2000 ordering issuance of recovery certificate in the terms, inter-alia, that the debt be realized from the defendants and by sale of the properties scheduled in the original application; that the schedule to the original application be the schedule to the recovery certificate; that in case the sale proceeds of the properties scheduled in the original application is inadequate to satisfy the debt, such other amounts be realized from the defendants and their all other assets and that if needed, the defendants 2 & 4 be proceeded against their person and be arrested and detained, as per rules. That recovery order and consequential certificate became final.

2. Thereafter, the recovery officer proceeded with sale in the course of recovery and issued a proclamation. Petitioners did not object to that proclamation, though represented by counsel. Pending such proceedings, petitioners made different representations to the superior authorities in the Bank seeking

















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top