CHENNAI: Two recovery officers of a Debts Recovery Tribunal and the management of the Global Trust Bank, now called the Oriental Bank of Commerce, are facing criminal contempt of court proceedings in the Madras High Court for their "participation" in a bid to usurp 3.77 acres on Lattice Bridge Road in Adyar, worth over Rs. 15 crore.

The United Kingdom-based officials of the Salvation Army have initiated the proceedings, stating that the officials colluded with some others who fabricated documents of title and authority of the late Meera Bai Dawson's immovable property on LB Road. The property comprises a commercial complex spread over contiguous plots measuring approximately 3.77 acres.

Meera Bai Dawson, wife of H.K. Dawson, became sole and absolute owner of the entire estate, as she had neither issues nor lineal descendants. Before her death in December 2001, she willed that her property should go to the Salvation Army.

Even when the executors of the will were preparing to take possession of the land, it came to their knowledge that two Chennai-based persons had created documents to the effect that the late Mrs. Dawson had appointed a "power agent" and that the estate had been sold in a public auction to repay a loan obtained from the Global Trust Bank.

Property `substituted'

According to the petitioner, Michael Henry Shelton of Middlesex, a scrutiny of the Mrs. Dawson's documents suggested she had not pledged or encumbered or even authorised the encumbrance.

The respondents had `substituted' a Villivakkam property, which was originally mortgaged to the bank, with the Dawson estate and informed the DRT-I handling the case that she was a "defaulter" of the bank and that the property had been mortgaged to it. The petition was filed by some of the present contemnors on June 7, 2002. "It appears that the respondents had learnt about the demise of Mrs. Dawson and, having learnt that she had no legal heirs or lineal descendants, decided to use judicial proceedings to gain title to her property," the petition read. The Bank was at fault because it did not raise any objection to the substitution and hence was "privy to this collusion."

False certification

While one of the recovery officers signed the sale certificate falsely alleging that the property had been sold by public court auction, the other officer wrongly reported the auction to the Presiding Officer, thus misleading him, he said, adding, "they were party to the falsehood."

In the end, the property was sold for a "paltry sum" of Rs. 3.71 crore. While a single judge of the Madras High Court set aside the sale certificate, a Division Bench stayed the single judge order.

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