MADHAVI KUTTIYAMMA Vs. DHANALAKSHMI BANK LTD. AND ORS.

JUDGEMENT

(1.) The petitioner is questioning the legality and correctness of the order passed by the Debts Recovery Appellate Tribunal, Chennai, dated 24th June, 2013 in R.A. No. 137 of 2010. The above appeal was filed by the Dhanalakshmi Bank Limited, aggrieved by the order passed in O.A. No. 24 of 2009 on the file of the Debts Recovery Tribunal, Bangalore. The petitioner was the respondent No. 3 before the Debts Recovery Appellate Tribunal. She was placed ex parte. The appeal filed by the Bank came to be allowed directing the Debts Recovery Tribunal, Bangalore, to issue a Recovery Certificate against all the respondents therein, Aggrieved by the same, the present appeal is filed.

(2.) The main contention of the petitioner before us is that for the loan advanced by the Dhanalakshmi Bank Limited, in favour of respondent No. 2 -T.R. Chandran, she stood as a guarantor only in respect of Cash Credit Hypothecation to the tune of Rs. 15,00,000/ - and bill discounting limit of Rs. 5,00,000/ -.

(3.) According to her, the Bank has filed recovery proceedings in the original application before Debts Recovery Tribunal not only in respect of these two loans but also in respect of other two loans. Therefore, she contends that the order passed by the Debts Recovery Appellate Tribunal in directing the appellant to pay the dues for which she has not stood as guarantor. In the circumstances, the learned Counsel for the petitioner requests the Court to allow the petition and set aside the order of the Debts Recovery Appellate Tribunal.