S.RAVINDRA BHAT, VIBHU BAKHRU
Promila Ghai – Appellant
Versus
Oriental Bank of Commerce – Respondent
S. Ravindra Bhat, J.
1. In this proceeding under Article 226, an order of the Debt Recovery Appellate Tribunal (DRAT) made on 27.6.2011 dismissing the Petitioner's appeal has been impugned.
2. The appeal before DRAT emanated from proceedings initiated by the first respondent bank (hereinafter referred to as “the OBC”) against M/s Mahine Tools, Sh. P.S. Tanwar and Sh. Hemant Vij ("borrowers") for recovery of Rs.13,17,420.70 with interest. These proceedings were initiated before the DRAT in respect of borrowings of the said M/s Mahine Tools. Sh. Hemant Vij was impleaded as the third respondent in those proceedings and later as a guarantor and mortgager of the suit property (measuring 24 canals out of Khewat No.164, Khasra No.74 and 78, Village Gaval Pahari, Tehsil Sohna, Gurgaon hereinafter referred to as “suit property”). The DRAT decreed the suit in favour of the OBC and recovery certificate was issued on 13.7.2002. The certificate debtors, i.e., the defendants/borrowers before the DRAT had unsuccessfully sought to compromise the matter. On 08.10.2002, the property was attached by the Recovery Officer.
3. The petitioner claimed that she became aware of the attachment on
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