foreign company, namely, M/s.Triven Textiles, GMBH & Co., K.G., failed to honour their commitment as per Letter of Credit and therefore, ERSTE bank lodged a claim petition for a sum of Rs.5.01 crores (DM 2,299,681.86) with Global Trust Bank and in turn, Global Trust Bank demanded M/s.Triven Garments Ltd., to pay the said sum and when M/s.Triven Garments failed to pay the said sum, the amount was paid by Global Trust Bank to the ERSTE Bank and the Bank filed O.A.No.271 of 2001 on the file of the DRT, Chennai against M/s.Triven Garments for recovery of the said sum. Till such transaction, it was a private transaction between M/s.Triven Garments, Global Trust Bank and ERSTE Bank and the second respondent has no role or right in that. According to the second respondent, the second petitioner having an eye on the property of Mrs.Meera Bai Dawson, who died issueless created power of attorney alleged to have been executed by Mrs.Meera Bai Dawson in favour of the second petitioner for dealing with her property in any manner and pursuant to that, he also alleged to have entered into a document confirming the appointment of the second petitioner as her power agent and authorising the second petitioner to approach the DRT, Chennai to sell her property, for the dues payable in respect of the award passed in O.A.No.271 of 2001 on the file of the DRT and on the basis of the power of attorney, the property of Mrs.Meera Bai Dawson was substituted for the property which was brought to sale in auction in O.A.No.271 of 2001 and on that basis, sale certificate was issued in respect of the property belonging to Mrs.Meera Bai Dawson on 9.8.2002 and as per the sale certificate, M/s.A.R.Housing Pvt.Ltd., became the auction purchaser of the property belonging to Mrs. Meera Bai Dawson. Later, the certificate of sale dated 9.8.2002 was set aside in W.P.No.39649 of 2002 etc., dated 21.2.2005 on the ground that public auction was conducted only in respect of Villivakkam property and M/s.A.R.Housing Pvt.Ltd., became a successful bidder in respect of that property and therefore, after sale was confirmed, the property cannot be substituted by DRT and liberty was given to Oriental Bank of Commerce to recover the debt or to file an appropriate application if so advised for sale of the judgment debtor's property, namely, Mrs. Triven Garments Pvt Ltd., and this Court also cancelled the sale certificate dated 9.8.2002 granted in favour of M/s.A.R.Housing Pvt.Ltd., in respect of Mrs.Meera Bai Dawson's property.
