Is it contempt by judge

proprietor

 

The decree has been passed against Mr. A and Mr. B and the Mortgaged Flat of Mr A  by using the followng words :-   'in case of default the amount shall be recoverable inter alia by sale of Mortgaged Flat of Mr. A situated in Rajasthan'.                  

In the said Order it is also stated that   'the Recovery Officer shall send a copy of the 'R.C.' to the DRT of other state for execution of the Mortgaged Flat of Mr. A'

In spite of the above the R.O. sold the Flat of the other guarantor Mr. B 

Is it not a contempt by the R.O. ?

Please guide.

Regards

 
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practising Advocate

The liability of the guarantor is joint and several as such ,though in the normal circumstances the decree holder proceeds against the property of the principal borrower,particularly the charged one, but still the decree can be executed against the guarantor as well.

Clear opinion can be given only after going through the terms of the decree, but the contempt case appears to be a weak case.

 
Reply   
 


proprietor

Thanks and Regards, 

The terms of the decree  :-

'In case of decault the amount shall be recoverable inter alia by sale of the Mortgaged property of the Borrower situated in the State of Rajasthan.'

Further in the last Para it is written that :- 

'It is further ordered that the Recovery Officer shall send a copy of the Recovery Certifiacte to the DRT, Rajasthan for the execution with respect to the said Mortgaged Flat'.

And further the R.O. had sent the said R.C. to the concerned DRT, Rajasthan before about 18-20 months but proper actions were not initiated by the Bankers in this direction and the said R.C. is still pending for execution. 

In the meanwhile, in spite of the above,  the R.O. sold the Flat of the guarantor. 

 

Is it not a contempt by the R.O.  and the banker's as well?

 

Please guide.

Regards

 
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