Aggrieved by order dated 10.12.2009 in Appeal No. 15 of 2008 passed by the Debts Recovery Appellate Tribunal, Kolkata, the petitioners, the auction purchasers have approached this Court.

2. The creditor Bank initially filed Mortgage Suit No. 21 of 1994 against M/s Auto Engineering through its sole proprietor Shri Jagdish Prasad Sahu and others in the Court of Sub-Judge, Ranchi. Subsequently, the suit was transferred to Debt Recovery Tribunal, Patna and reregistered as P.T. No. 138 of 1998. The creditor and other respondents did not appear before the Debt Recovery Tribunal, Patna and an exparte order was passed in P.T. No. 138 of 1998. A certificate was drawn under Section 19 (22) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for Rs. 13,13,573.27/along with interest @ 18.75% and cost thereon. The certificate issued by the Presiding Officer, Debt Recovery Tribunal, Patna in PT No. 138 of 1998 was received by the Recovery Officer on 12.03.2002. After the notification for Debt Recovery Tribunal, Ranchi was issued, the matter was transferred to Debt Recovery Tribunal, Ranchi and it was renumbered as R.P. No. 140 of 2002. In the proceeding of R.P. No. 140