ORDER :

(Order of the Court was made by R.SUBRAMANIAN, J.)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of certiorari, calling for the records of the case related with the impugned final order dated 22.02.2023 passed by Debt Recovery Tribunal, Coimbatore in O.A.No.80 of 2009 and Debt Recovery Certificate dated 07.03.2023 in DRC 06/2023 passed by the Debt Recovery Tribunal, Coimbatore in respect of the petitioner's properties.

Challenge in this petition, at the instance of the third party, is to the Debt Recovery Certificate issued by the Debt Recovery Tribunal.

2. The petitioner would claim that it has purchased the property subject matter of mortgage with the Bank, all original title deeds are available with it and therefore, the alleged equitable mortgage created by the Debtors with the Bank itself is not valid. When the property was sought to be attached in the execution proceedings by the Recovery Officer attached to the Debt Recovery Tribunal, the petitioner filed a claim petition under Rule 11 of Schedule 2 of the Income Tax Act, which provides procedure for recovery of tax, since the Recovery Officer exercises the right of