7.11.2009. The bank had reiterated its stand in reply dated 16.11.2009. The petitioner had thereafter submitted fresh objections dated 24.11.2009. The bank sold the property of the borrower for a sum of 24.85 lacs against the outstanding amount of 27,85,307.79 paise. The outstanding amount for the loan account of M/s Hari Om Tyres was about ` 3 lacs. Thereafter, the bank had sent letter for taking possession of the residential house and proceeded to take over the physical possession of the property vide possession notice dated 24.3.2011. The bank had sealed the property of the petitioner which was challenged by filing Civil Writ Petition No.2756 of 2011 before this Court and also filed Securitization Application No.83 of 2011 before the Debt Recovery Tribunal( hereinafter called as “the Tribunal”). This Court vide order dated 6.7.2011 had relegated the petitioner to the alternative remedy before the appropriate forum by observing that validity of the mortgage was to be established by leading appropriate evidence and the remedy did not lie before the writ Court. The petitioner was informed on 11.7.2011 that his property had been sold and the same be vacated and persons claiming to be purchasers came to the property of the petitioner and handed over copy of the sale certificate dated 8.7.2011. They asked him to vacate and the authorised officer of the bank had threatened him that he would get the house vacated by 13.7.2011 with the police help. Accordingly, it was pleaded that the sale certificate had been issued within 48 hours from the orders passed by this Court.
