equitable mortgage, the respondent-bank could not have filed and marked as exhibits in the original application before this Tribunal and therefore in the absence of filing and marking of the original documents, no claim could be made against the defendants/defaulters. Learned counsel even went to the extent of saying that if the bank produces before the Recovery Officer the original documents, the petitioner would forthwith pay the entire alleged dues under the recovery certificate. It is to be noted that the original application was contested for good long ten years by filing interim applications one after the other at the instance of the defendants and thereafter a final order came to be passed upholding the claim of the respondent-bank, which was followed by a recovery certificate. The pleas, which are substantial and of having far-reaching consequences, had already been raised by the defendants in the original application, adjudicated and finding has been given by the Tribunal. The present petition has been filed challenging the attachment/sale of the schedule properties and, therefore, such pleas, as rightly submitted by the learned counsel for the respondent-bank, could not and should not be permitted to be raised* in the recovery proceedings. The Recovery Officer, being an authority under the Act to execute the Recovery Certificate, is precluded from entertaining such pleas as an appellate authority sitting over the final order. I have also gone through the final order passed in the original application wherein a detailed discussion was made by the Tribunal on the very same pleas and crystal clear findings were returned. In such circumstances, it is beyond the jurisdiction of the Recovery Officer even to here such submissions. In so far as the availability of the original documents in the original application, which was vehemently asserted to have been filed and marked as exhibits by the respondent-bank, it is to be stated that original documents, viz. title deeds and letter of guarantees are not to be found in the records of the original application. It was submitted by the respondent-bank without filing the original documents, the original application could not be entertained at all. Such original documents are either filed along with the original application and, if not, they have to be https://hcservices.ecourts.gov.in/hcservices/ produced before the Hon'ble Presiding Officer
