VIMLA NAUDIYAL Vs. GENERAL MANAGER

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail the order dtd. 6/7/2023, passed by the Debts Recovery Tribunal, Dehradun, in S.A. No. 173 of 2023, titled "Smt. Vimla Naudiyal Vs Chola Mandalam Finance Co. Ltd. and others ", whereby the Tribunal has stayed the recovery by sale of the petitioner's mortgaged property upon her depositing fifty per cent of the amount within three days.

(2.) The petitioner is aggrieved, since she has been required to deposit fifty per cent of the outstanding amount, within three days.

(3.) The case of the petitioner is that she is the owner of the property. Respondent No. 4 is her daughter. Respondent No. 3 is her son-in-law. She claims that respondent Nos. 3 and 4 duped her, and made her to mortgage her property, without her knowledge. She states that she gave the title document of the property mortgaged, and she also states that she went to the bank to sign certain documents. She claims to have learnt of the mortgage only subsequently, i.e., after the release of the loan amount by the respondent-financial institution to respondent Nos. 3 to 5. She claims to have lodged an FIR, alleging fraud by her own daughter and son-in-law.