Law:

Section:

(a) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)--------Ss.18, 7 & 21----Execution of decree---Sale of property through public auction---Issuance of sale certificate and order of "Qufal Shikni" of the house---Application objecting to the sale by auction inviting the attention of the Banking Court to a patent illegality amounting to fraud that the entire house was sold through auction on the initiative of the decree-holder Bank as if the entire house belonged to the guarantor although the facts established on the record, and the documents submitted by the decree-holder Bank, were to the contrary---Not only the decree-holder Bank, procured the sale of the entire house by misrepresentation but it was a case where the Court had also committed error apparent on the face of record---Executing Court dismissed the application on the sole ground that the Court could not review its order--¬Validity---Executing Court was under a duty to have retraced its wrong steps without any constraint---Court must see that the Rules of Procedure were not allowed to operate as tyrant master so as to perpetuate an illegality committed by Court--¬High Court allowed the appeal, set aside the sale along with the sale certificate in respect of the disputed property and directed that decree-holder Bank shall be at liberty to seek execution of the decree to the extent of the share of the guarantor ( -debtor) in the disputed property and Bank shall refund the sale proceeds of the house to the auction purchaser. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)------ ----Ss.18(6) & 21(6)---Appeal---Maintainability---Appeal does not lie against an interlocutory order but as far as an application objecting to the sale of property by auction under the orders of the Court was concerned its dismissal was a final order"--Appeal lies under S.21(6), Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 against the order passed under S.18(6) of the said Act and said application objecting to the sale clearly fell within the scope of S.18(6)(a) and an order passed therein was appealable.…

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