K.K. Sasidharan, J.

1. The challenge in these writ petitions relates to the Recovery Certificate issued by the Debts Recovery Tribunal on 11 December 2001 to recover the debt from M/s. Navilkal Estate Tea Factory, Kothagiri and the consequential sale proclamation issued by the Recovery Officer on 23 December 2009 proposing to auction the property to realize the decree amount.

2. The prayer in writ petitions in W.P.No.1609 and 6341/2010 are one and the same. The issue in W.P.No.6740/2010 pertains to the invalidity of sale proclamation.

3. The petitioners are the partners of M/s.Navilkal Tea Estate and Factory, Nilgiris at Kothagiri in the District of Nilgiris [hereinafter referred to as ‘the firm’]. The Firm took loan from the Aravenu Branch of Canara Bank and as security for sanctioning the loan, joint family property of the partners were given as security. Since the firm defaulted in making payments, the Bank instituted proceedings before the Debts Recovery Tribunal Coimbatore in T.A.No.85/1998 and the firm as well as its partners were made parties to the proceeding. Ultimately, the Tribunal passed a decree directing the firm and its partners jointly and severally to pay