co operative soc./non payment /award
shabbir boltwala
(Querist) 27 April 2010
This query is : Resolved
we are buisness premises co op society. our bldg is built prior to 1949, a builder converted this building to small offices n sold it1984. the society was formed with 34 members in 1984.
member A took loan frm bank of india in 2000 and his premises was liened to bank as per member requst n regisrer in so. books.
as he failed to pay the loan amount to bank, bank filed suit in DRT1for recovery of bank dues.
the member was also not paing society dues, and society was informing/demanding the maitance charges from bank.
society filed recovery proceeding in coop court in 2004 and obtained order for recovery in 2008.
in meantime bank case with DRT WAS ON, IN BETWEEN BANK by private treaty sold the premises to an advocatein 2007, who happened to be on ther panel, and did repsent before drt in this case.soc was not awre of private traty sale.on knowing soc filed applic in DRT which was rejected.
socity recovery certificate tme member prmises was sealed by recovery officer, on serving auction notice ,advocate filed objection with recovery officer saying he is in possession by virtu of private traty sale.
i want to know in above cirumstaces can the rcovery officer procced with auction as per recovery certificate or not.
socity recovery
Raj Kumar Makkad
(Expert) 27 April 2010
The suit of the society has been decreed first and its recovery proceedings were in operation meantime bank has sold it in the hands of its penal advocate without making publication so bank is at fault and society recovery officer has every right to take the physical possession of the premises under dispute and sale it. The subsequent sale by bank should stand set aside.
