VISHWAKARMA PROJECTS INDIA PVT LTD Vs. CANARA BANK

JUDGEMENT

(1.) This Letters Patent Appeal is preferred by the appellant assailing the order dated 03.2.2012 passed by the learned Single Judge in Review Application No. 732 of 2011 in W.P.(C) No. 7261/2011, modifying the order dated 11.11.2011 in W.P.(C) 7261/2011.The brief facts which led to the filing of this appeal are as follows:

(2.) Thereafter the respondent filed and Original Application under Section 19 of Recovery of Debts due to Banks and Financial Institution Act, 1993 (hereinafter referred to as the DRT ActRs.) before the Debt Recovery Tribunal praying inter alia to declare a sum of Rs.23, 82, 180/- due as debt to the bank and its guarantors. Learned counsel for the appellant has further submitted that it requested for settlement of the NPA current account No. 3114 on various occasions.

(3.) The Tribunal vide its order dated 02.9.2009 allowed the OA of the respondent for recovery of Rs.23, 82, 180/- and issued recovery certificate. Being aggrieved by this order, the appellant filed and appeal before the Debt Recovery Appellant Tribunal, New Delhi (hereinafter referred to as Rs.DRATRs.). The DRAT dismissed the appeal of the appellant on 26.4.2010. Thereafter on 09.7.2010 and 03.11.2010, the Recovery Officer issued a sale proclamation for the sale of property bearing No. 2, LGF towards the right side of the building, i.e., half portion adjoining property No. B-144, Kalkaji, New Delhi.