SUJATA KAPOOR Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The petitioner has preferred this present writ petition to assail the order dated 31.12.2018 passed by the Debt Recovery Appellate Tribunal (hereinafter referred to as the DRAT), New Delhi in Appeal No. 459 of 2016, titled ' Ms. Sujata Kapoor v Union Bank of India and Ors."?.

(2.) Arguments were initially heard and judgment reserved on 02.04.2019. The judgment could not be pronounced earlier. Accordingly, the matter was fixed for directions on 06.12.2019. On that day, counsel for the petitioner appeared and it was adjourned to 11.12.2019 to enable him to recapitulate his submission, which he did. Consequently, the judgment was reserved.

(3.) The mainstay of the submissions of learned counsel for the petitioner - to ward off the attachment and sale of the property bearing No. 3, Racquet Court Road, Civil Lines, Delhi (hereinafter referred to as the ' said property"?), is the protection afforded to a Judgment Debtor/ Certificate Debtor by Section 60(1)(ccc) of the Code of Civil Procedure, 1908 (the Code) as applicable to Delhi. Thus, the scope and interpretation of the said provision arises for consideration before us. Before we proceed, we may take note of a few admitted facts, and facts emerging from the record. We may observe that the petitioner has selectively filed documents before us. The petitioner has not disputed the factual position as recorded in, and emerging from the orders passed by the Recovery Officer (R.O.), the Debt Recovery Tribunal (DRT) and the DRAT. We have, therefore, proceeded to consider the matter in the light of facts found in the orders passed by the said Authorities/ Tribunals.