J U D G M E N T

This original petition has been filed by the appellants in M.A.No.110 of 2010 on the file of the Debts Recovery Tribunal, Chennai. The said appeal was filed by the petitioners challenging the order dated 17-04-2007 in Appeal No.21 of 2006 on the file of the Debts Recovery Tribunal, Ernakulam, through which the prayer of the petitioners to set aside the sale of the property of the petitioners consequent to recovery proceedings to recover amounts adjudicated as due in O.A.No.189 of 2001 was rejected by the Debts Recovery Tribunal.

2. According to the petitioners, the sale was held contrary to the provisions contained in the Second Schedule to the Income-tax Act, which applies to proceedings for recovery of amounts adjudicated as due under the provisions of the Recovery of Debts and Bankruptcy Act, 1993. It is submitted that the sale of the property was fixed on 11-10-2006. It is submitted that without notice to the petitioners and the Bank, the sale was adjourned to the next day and was sold to the 2^nd respondent. It is the case of the petitioners that the sale in favour of the 2^nd respondent was a collusive a also submitted that the Recovery Officer had gr