SUSHMA JAIN AND ORS Vs. CANARA BANK

JUDGEMENT

(1.) The present petition has been filed by the petitioners praying inter alia for quashing/setting aside the order dated 6.6.2017 passed by the learned Debts Recovery Appellate Tribunal (DRAT), whereby their appeal was dismissed for non-compliance of the condition of pre-deposit of 50% of the amount of debt found to be due and recoverable from them under a Recovery Certificate dated 22.9.2015 issued for a sum of Rs. 21,03,737.72/-.

(2.) The records reveal that objections were filed by the petitioner No. 1 to the effect that as premises No. A-20/1, Rana Pratap Bagh, Delhi attached by the Recovery Officer is her sole residential premises where she is residing along with her family members, she is entitled to the protection provided under Section 60(ccc) of CPC. The said objections were duly responded to by the respondent/Bank that denied the submission that the petitioner No. 1 is residing in the entire premises that comprises of a stilt area for car parking, ground floor, upper ground floor, first floor, second floor and the roof above the second floor. It was asserted that the said premises has been let out.

(3.) Taking note of the fact that on 15.9.2016, it was stated on behalf of the petitioner No. 2/firm that the first floor has been let out and at that point in time, the second floor was under construction, vide order dated 31.1.2017 the Recovery Officer had granted protection to the petitioners in respect of the ground floor and the upper ground floor where they were stated to be residing and directed that the amounts due be recovered from the attachment and sale of the first floor and the second floor.