P JOSEPH BABY Vs. V KALYANI

JUDGEMENT

(1.) THE first respondent's husband and others running a business under the name and style Messrs. R.A.V. Textiles Private Limited and they availed financial facilities from Indian Overseas Bank, Oppanakara Street, Coimbatore. Proceedings were initiated before the Debt Recovery Tribunal, Coimbatore in T.A.No.562 of 1997 and the same was transferred to the Debt Recovery Tribunal, Chennai II, and renumbered as 172 of 2001. On 31.10.2001, the plaintiff bank filed a memo informing the Court that the defendants jointly and severally undertake to pay the balance under One Time Settlement (OTS).

(2.) TRANSFER Application No.780 of 2002 was filed before the Debt Recovery Tribunal at Coimbatore by Indian Overseas Bank arraying the above said establishment, R.A. Vairam, Anbalagan, Subramanian (since deceased), Venugopal, V. Kalyani and others. The final order was passed in the said application on 24.09.2003 directing to issue recovery certificate. Inter alia, it is stated in this proceedings that neither the defendants appeared nor represented by their counsel on 05.08.2003 and 14.08.2003 and hence they were called absent on 14.08.2003, set ex-parte and D-3 was already set ex-parte on 17.10.1997.

(3.) THE said Kalyani also filed an application in I.A.No.20 of 2009 under Section 65 of the Mental Health Act, 1987, praying the Court to stay all further proceedings in evicting the petitioner mentally ill and physically handicapped Murugavel from the schedule mentioned house till the disposal of the M.H.O.P. THE learned District Judge, Namakkal has granted an ex-parte stay order, of course with the reasons in favour of the petitioners therein, against the recovery officer and this petitioner. This petitioner had purchased the property in auction sale on 29.08.2008. THE said stay order is challenged before this Court.