PRADEEP NANDRAJOG, MUKTA GUPTA
PATRICIA HELEN ATWAL – Appellant
Versus
ING VYASA BANK LTD. – Respondent
PRADEEP NANDRAJOG, J.
1. The respondent No.1/bank had advanced a credit to M/s.Atwal and Associates, a partnership firm of which Zorawar Singh Atwal and Premjit Singh Atwal were partners. The two have stood guarantees to pay the outstanding sum to the bank should the firm default.
2. Premjit Singh Atwal is the husband of the petitioner.
3. The credit became sticky. The bank initiated recovery proceedings under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The same was registered as OA No.81/2005. The bank sought attachment of the hypothecated vehicles by the partnership firms and also two immovable properties, one of which was owned by the husband of the petitioner. The same is a villa bearing No.E.G.3/14, Garden Estate, Gurgaon – 122002.
4. On October 31, 2005, the respondents in the claim petition filed by the bank were restrained from selling, transferring or alienating the hypothecated machinery and also the two immovable properties stated in the application, one of which is the villa at Garden Estate.
5. Proceedings before the Debts Recovery Tribunal lingered on. The writ petitioner filed an application before the Debts Recovery Tr
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