D.H.WAGHELA, BUDIHAL R.B.
K. Padma – Appellant
Versus
K. Ramachandra – Respondent
Petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India challenging order dated 30.6.2008 passed in M.A. No. 167 of 2007 by the Debt Recovery Appellate Tribunal at Chennai (Annexure-V). The petitioner claims that she is auction purchaser of the property in question in the auction sale conducted by the recovery officer.
2. Brief facts leading to filing of this petition and as averred in the petition are that the respondent No. 3 M/s. Tubeman Private Limited, a company having two persons as directors, viz. Shankarlal Agarwal and his wife Smt. Laxmi Agarwal, i.e. the respondent No. 4 herein, sought and obtained, on 16.1.1999, certain credit facilities aggregating to Rs. 70.00 lakh from respondent No. 2 bank on the personal guarantee of the directors. As the said borrowers were in arrears in a sum of Rs. 34,94,040.44ps., respondent No. 2 bank initiated proceedings in O.A. No. 256 of 2000 before the Debt Recovery Tribunal at Bengaluru (for short DRT) for recovery of the said amount with interest and cost. In spite of notice from the DRT, defendants therein remained absent and they were placed exparte. Apprehending that respondent No. 4 and he
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