APARESH KUMAR SINGH, J.

1. Proceedings initiated by the respondent-Bank of India for recovery of outstanding dues of M/s Ellen Breweries and Distilleries Pvt. Ltd. and Others in O. A. Case No. 125 of 2002 vide decree dated 28.02.2006 led to Recovery Proceeding No. 09 of 2006 before the learned Recovery Officer, DRT, Ranchi. The description of properties auctioned are as follows:-

M.S. Plot No. 1718, Holding No. 1396 (New) Ward No. 1 of the Ranchi Municipal Corporation Area, Court Road, Ranchi, Total area-3 Katha. Bounday : East- Portion of M.S. Plot No. 1718 belonging to Sh. A. K. Banerjee and Sh. J. Banerjee, West- Kutchery Road, South-Portion of M. S. Plot No. 1718, North M.S. Plot No. 1717.

2. Entire property described herein above on auction fetched total value of Rs. 66,75,000/-. Dues of the Bank was Rs. 34,10,219/-. It would not be out of place to mention here that auction was conducted on 28.03.2008 in the premises of DRT, Ranchi on "as is where is basis". Respondent no. 3, M/s Dilasha Commodities Pvt. Ltd. is the auction purchaser of the property described herein above.

3. In the background of all these facts, it is pertinent to mention that petitioner herein was a tenan