JANKI VASHDEO BHOJWANI Vs. INDUSIND BANK LTD

JUDGEMENT

(1.) This appeal is against the judgment of the Debt Recovery Appellate Tribunal dated 23rd April, 2003.

(2.) Briefly stated the facts are as follows : The 1st appellant is the wife of the 5th respondent. The 2nd appellant is the wife of 2nd respondent. The 1st respondent-Bank had given loan facilities to the 6th and 7th respondents which are concerns run by respondents 2 to 5. The loans were to the extent of approximately Rs. 22 crores in one case and Rs. 3.75 crores in the other. Respondents 2 to 5 were also guarantors of the loan facilities. Some of the properties belonging to these parties had been mortgaged to the Bank.

(3.) It is claimed that by an indenture of sale dated 5th September, 1991, the appellants and respondents 2 to 5 had purchased Plot No. 38, Koregaon Park, Pune 411 00. It is claimed that on 12th December, 1991, an Agreement of Co-ownership was executed whereunder a HUF (of these parties) was also made a co-owner in respect of the said plot of land. It is claimed that after purchase of the plot of land, a building was got constructed on the plot of land and that appellants and respondents 2 to 5 resided in that building.