PUSHPABEN Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The petitioner Pushpaben Paulbhai Pateliya is before this Court seeking to challenge the action under the provisions of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ('RDB Act' hereinafter) in the following factual background.

(2.) We have heard extensively learned advocate Mr.Shashikant Parmar and learned advocate Mr.A.S.Panesar for the respondent bank.

(3.) They have along the line of their pleadings, forcefully argued that the case laws would substantiate their respective stands. On 16/11/2022 and thereafter on 15/12/2022, the Court had needed the details of the second marriage which was not on the record as the claim of the petitioner put forward is that of a second marriage with Mr.Paul Patelia claiming to be the heir of the ancestral property of Paulbhai at the stage when the property was mortgaged with the bank. The decree in respect of the outstanding dues had already been passed.