INDU NARAIN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The Petitioner has filed the present petition challenging the order dtd. 23/12/2019 passed by the learned Debts Recovery Appellate Tribunal, Delhi ('DRAT') in Misc. Appeal No.340/2019 and order dtd. 2/4/2019 passed by the learned Debts Recovery Tribunal-II, Delhi ('DRT-II') in Securitisation Application No. 65/2019 ('impugned orders').

(2.) The Petitioner has assailed the impugned orders on the ground that the learned DRAT and DRT-II failed to consider that the Petitioner had made payment towards entire NPA amount to Respondent No.1 bank pursuant to letters dtd. 11/9/2015 and 23/3/2016. It is the Petitioner's case that she was neither a guarantor nor a mortgagor in respect of the property being the First Floor, C-140, Defence Colony, New Delhi110024 ('the property'). Despite that, the Petitioner received a notice dtd. 16/2/2019 from a Court Receiver appointed by Respondent No.1 bank.

(3.) The Petitioner preferred a securitisation application against the said notice before the learned DRT-II. However, the learned DRT-II declined to grant interim relief vide order dtd. 2/4/2019 and directed Respondent No.1 bank to file the statement of account indicating the balance amount payable by the Petitioner. The said order was challenged by the Petitioner by way of an appeal before the learned DRAT.