(1.) On 13/7/2011, in D.R.C. No.161/2010, in O.A. No.119 of 2007, Debts Recovery Tribunal - I, Chennai, has passed the following order:-
(2.) S. Reshma, Chennai, a third party to the above said proceedings, has filed Claim Petition No.26 of 2011 in D.R.C. No.161 of 2010 in O.A.No.109/2007, on the file of the Debts Recovery Tribunal - I, Chennai, contending inter alia that she is the owner of the property, by virtue of Hiba, dated 9/10/1998, which was reduced into writing on 15/10/1998, under the proceedings of the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993). In the Claim Petition No.26 of 2011, she has sought for impleadment as respondent No.6 in Recovery proceeding ARC No.161/2010. She has also sought for a prayer, to vacate the order of attachment, dated 13/7/2011, in respect of the undivided share of Ms.L.Rasina, in respect of the property situated at Door No.5, Damodara Mudali Street, Chetpet, Chennai 31. Opposing the prayer sought for, M/s. Kotak Mahindra Bank Limited, Asset Reconstruction Division, has filed a detailed counter affidavit.
(3.) After considering the rival submissions to the challenge viz., the order of attachment, dated 13/7/2011, as against the undivided share of Ms. I.Rasina/fourth defendant (certificate debtor) in respect of the above said property and the claim of the writ petitioner/third party, the Debts Recovery Tribunal - I, Chennai, vide, order, dated 10/12/2013 in C.P.No.26 of 2011 in D.R.C. No.161 of 2010, dismissed the claim petition.
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