S. MANIKUMAR, J.

Challenge in this writ petition, is to an order made in RA(SA) No.49 of 2013, dated 10.09.2014, on the file of the Debts Recovery Appellate Tribunal, the first respondent herein, by which, the Appellate Tribunal has ordered the writ petitioner to pay the deficit court fee, and granted time, upto 03.12.2014.

2. According to the writ petitioner, he is the owner of the property comprised in Plot. No. 69, Harita Enclave, Survey No. 384 of 1A1 and 1A2 situated in Tambaram Village and Taluk, Kanchipuram District, admeasuring about 3160 sq.ft., having purchased the same from Mr. C.N. Embar and Mr. A.S. Ramanujam, both represented by power of Attorney Mr. V. Balasubramanian (Doc.Nos.950 & 951 of 1991 both dated 25.10.1991) and M/s. Blue Jaggers Estates Ltd, rep, by its Managing Director V. Sampath, as their selling agent, by way of a registered sale deed, dated 22.01.1999, registered as Document No.249 of 1999, on the file of SRO, Tambaram.

3. It is also the contention of the petitioner that ever since the date of purchase, he has been in absolute possession and enjoyment of the land in question. Mutation of revenue records has been done and patta has been issued by the revenue authorities, in original patta No.2930. Since 1991, he was employed in Africa and living there, he used to come to India once in two years. When he came to India, he visited the property on 20.5.2009 and shocked to know that the abovesaid property was auctioned by Indian Bank, Asset Recovery Management Branch, Chennai, the third respondent herein, for certain alleged dues of M/s.Blue Jaggers Estates Ltd.

4. The petitioner has further submitted that the third respondent-Bank, for certain alleged dues of M/s.Blue Jaggers Estates Ltd., had initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the SARFAESI Act") and proposed to auction the entire layout in Harita Enclave in Tambaram.

5. Aggrieved by the auction conducted by the Bank, the petitioner has filed S.A. No. 95 of 2009, before Debt Recovery Tribunal-III (In short "DRT"), Chennai, on various grounds. The third respondent Bank has entered appearance and filed counter. Despite notice, Mr. S.R. Raja, 4th respondent herein, auction purchaser remained ex-parte. The said application was taken up along with another application in S.A. No. 152 of 2008, filed by one Mrs. Vasantha Srinivasan, owner of Plot No. 49, and another. According to the petitioner, though the facts leading to both the applications were identical, S.A. No. 95 of 2009 filed by the Petitioner was dismissed on 14.03.2013. Whereas, S.A. No. 152 of 2008, filed by the said Vasantha Srinivasan, was allowed, by separate orders, dated 14.03.2013. Aggrieved by the dismissal of S.A. No. 95 of 2009, dated 14.03.2013, the petitioner filed R.A(S.A) 49 of 2013, before the Debt Recovery Appellate Tribunal (In short DRAT).

6. The petitioner has further submitted that he is neither a borrower nor a guarantor and he is a third party to the proceedings, initiated under the SARFEASI Act, but aggrieved by order of the Tribunal. Further, the subject property was never mortgaged by him, nor the alleged mortgagor, viz., Mr. V. Sampath or M/s. Blue Jagger Estates Limited, had any power to mortgage the property. According to him, the vendors of the petitioner viz. Mr. C.N. Embar and Mr. A.S. Ramanujam, have given the power of attorney, dated 25.10.1991, to Mr. V. Balasubramanian and M/s. Blue Jagger Estates Limited and they had only a limited role to play, as a selling agent and agent for getting approval from CMDA.

7. The petitioner has further submitted that he is not claiming through or under the alleged mortgagor and that the property purchased by him was, at no point of time, mortgaged by him with the Bank. It is also his submission that