P.K.BHASIN
Seema Aggarwal – Appellant
Versus
Standard Chartered Bank – Respondent
P.K. Bhasin, Chairperson.—The appellant’s case is that she had mortgaged her residential house in NOIDA in favour of the respondent No. 1 Bank to secure the re-payment the loan in the form of O.D. Limits which it had sanctioned to respondent No. 3 Company M/s Shreejee Aptex (P) Ltd. in which she herself was also a director besides her estranged husband (respondent No. 2 herein) who in fact was running and managing the affairs of the said Company (hereinafter to be referred as ‘the borrower Company’). He however deserted her without clearing the Bank’s dues and the Bank is now bent upon selling her house in exercise of its rights under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ in short). The appellant in order to save her house from being sold in auction by the Bank had filed a petition under Section 17(1) of SARFAESI Act before the Debts Recovery Tribunal (DRT) in which she had impleaded her estranged husband also. That petition (being S.A. No. 53/2011) was, however, dismissed by the DRT vide its order dated 19.4.2012.
2. The appellant had claimed in the SA that she had mortgaged her house to secur
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