LALIT CHIMANLAL RAO Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This Petition is filed under Articles 226 and 227 of the Constitution of India, challenging the judgment and order dtd. 13/3/2024 passed by the Debts Recovery Appellate Tribunal at Mumbai (hereinafter referred to as 'DRAT') in Appeal No.78 of 2014. A prayer for interim order of staying the operation, effect and implementation of the same is also prayed for, with further making interim prayer not to proceed against the property described as third floor "Shailabh" Building, near Sunrise Park, Vastrapur, Ahmedabad along with even status quo qua third floor as well, in Recovery Proceedings No.388 before the Recovery Officer, Debt Recovery Tribunal, Ahmedabad (hereinafter referred to as 'DRT').

(2.) The brief facts, as coming out from the impugned order, can be summarized as under:

(3.) Heard Mr. Vishwas K. Shah, learned advocate for Ms. Bhavna V. Shah, learned advocate for the petitioner. According to him, petitioner purchased third floor of the premises from the Certified Debtor since 1998 and towards the said purchase, on two occasions, Rs.11,000.00 as also Rs.21,000.00 were paid through cheque dtd. 5/11/1998 and 20/2/1998 and the receipts thereof appear to be issued on 14/12/1998 and 12/6/1999 respectively. Drawing attention of the Court to Agreement, at page - 25 of the compilation, it is submitted that petitioner entered into an agreement vide Agreement dtd. 22/7/1999 and unit no.3 on third floor at "Shailabh" came to be allotted on 27/7/1999. According to his case, possession thereof was also handed over to him. In support of his claim, he has produced his share certificate bearing No.42, claimed to have been issued on 31/1/2003 for third floor under the signature of the President / Secretary of Om Shailabh Owners Association. He has further submitted that for the property on the third floor, Bodakdev Gram Panchayat issued a property tax bill, copy of which is produced at page No.58, dtd. 24/9/2003. It is further submitted that on 26/9/2003, the said property tax was paid with the Bodakdev Gram Panchayat for the third floor. Therefore, it is submitted that he being the owner of the property on third floor as also the terrace, without issuing any notice to him, no attachment order could be passed, either by the Recovery Officer or by any Authority.