F.I. REBELLO, J.: - Rule. Other Respondents, though served, have not put in appearance. Heard forthwith.

2. The petitioners had moved the Debt Recovery Tribunal under the provisions of Section 19(25) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the RDB Act). The application which was filed on 1 - 12 - 2005 was numbered as Misc. Application No.52 of 2005 for rectification/modification/correction of the order dated 15 - 9 - 2005. It is the case of the petitioners, that the matter was posted for orders on 7th December, 2005, however, the Presiding Officer ceased to hold the office and no order was passed on the same.

3. We may now refer to a few facts:

Respondent No.1 had taken out proceedings before the Debts Recovery Tribunal being O.A.No.305 of 2002 by application dated 18 - 9 - 2002. Respondent Nos.2 to 10 herein were the Respondents before the Tribunal. By order dated 15 - 9 - 2004 the D.R.T. was pleased to allow the application which included a prayer that Flat No.902 was validly mortgaged in favour of Respondent No.1 i.e. the Jammu & Kashmir Bank Ltd., and if there was failure to pay the amount to Respondent No.1, the Respondent No.1 was entitled to sell the Flat. Pursuant to the said order, the Recovery Officer issued recovery certificate dated 29 - 10 - 2004. On 30 - 5 - 2006, the Respondent No.1 moved an application for enforcement of recovery certificate for attachment of Flat No.902 and, according to the petitioners, without any notice to them. By order of 30th May, 2005, the learned Recovery Officer was pleased to allow the said application. The petitioners' application being Misc. Application No.52 of 2005 came up for hearing on 14 - 6 - 2006. Oral application was made by petitioners' Advocate for stay of attachment of Flat No.902. That application was neither considered nor granted, according to the Petitioners. The matter was then adjourned to 29 - 6 - 2006. It is consequent to this that the present Petition has been filed on 26 - 6 - 2006. The Petitioners thereafter have also preferred an Appeal (L) No.203 of 2006 before the D.R.T. challenging the order dated 30th May, 2006 passed by the Recovery Officer.

4. On behalf of the Petitioners, their learned Counsel submits that there is specific documentary evidence on record being the share certificates issued by the society, the receipts issued by the society and the electric bills of the Flat, which would show that the petitioners had legal title to Flat No.902. It is also pointed out that there are documents also before the Tribunal which would show that Flat No.902 belongs to the Petitioners. It is, therefore, set out that there is documentary evidence on record which would indicate that Flat No.902 was of the ownership of the Petitioners. It is also pointed out that earlier an agreement was entered into between Yusuf A. Patel (Builder) and the Petitioners on 29 - 4 - 1987 in respect of Flat No.1102, 11th Floor, Tower No.6, Patel Apartments. By agreement dated 22 - 6 - 1987, the Flat No.1102 of 11th floor was substituted by Flat No.902 on 9th floor. All other terms remain the same. It appears that on 23 - 2 - 1988 the builder had entered into an agreement with Maharashtra Auto regarding Flat No.902. On 18 - 11 - 1992 rectification was done. The builder on April, 1993, handed over the possession of Flat No.902 to the Petitioners. Letters dated 15 - 4 - 1993 and 17 - 4 - 1993 are the possession letters from the builder to the petitioners in respect of Flat No.902. On 16 - 41993 Meridian (Sanghvi family company) returned original possession letter of Flat No.901 and Flat No.902 and confirmed that Flats on 10th Floor had been given in exchange with possession letters in that respect. The builder was requested to amend the original agreements of Flat Nos.901 and 902 to reflect the same. It appears that on 24 - 2 - 1994 the Maharashtra Auto depo

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