N MARAGATHAMANI Vs. RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL

JUDGEMENT

(1.) This Writ Petition has been filed to call for the records in respect of proceeding DRC.No.322/2015 (Old DRC No.178/2006) O.A.No.621/2000 Debt Recovery Tribunal - II, Chennai, on the file of the 1st respondent dated 08.08.2017 and quash the same.

(2.) The brief facts of the case as per the petitioner's averments is, one C.K.Ramjee, had obtained loan from Punjab National Bank, Lux Church Road, Chennai, for his business purpose, for which, the petitioner's husband P.Narayanasamy stood as a guarantor to him and handed over the title deeds of his property bearing Survey No.35/2 at Pallavaram Village measuring an extent of 1345 Sq.fts which was purchased by the petitioner through a sale deed dated 18.09.1995 vide Document No.4660/1995 registered at Sub-Registrar Office, Pallavaram, as collateral security for the loan borrowed by C.K.Ramjee.

(3.) The petitioner would submit that the borrower namely C.K.Ramjee did not pay the loan amount, turned as a defaulter in payment, and subsequently died. Thereafter, the bank initiated recovery proceedings and the petitioner's husband alone was defending the case. The petitioner further would allege that her husband was not in a stable mind and due to his mental illness, he is taking treatment even on the date of filing this Writ Petition. Hence, he could not defend the case before the Debt Recovery Tribunal-I effectively.