KINNARIBEN SHANTILAL PATEL Vs. RAJMAL PREMCHAND SURANA

JUDGEMENT

(1.) 9.1.2009, while hearing the Senior Counsel, this Court has directed to dispose of the matter at the admission stage itself. Consequently, record and proceedings were called, and verified by both the Counsels. Both the Counsels agree that the matter should be disposed of finally.

(2.) Admit the appeal.

(3.) Heard the Counsel. The Bank initiated recovery proceedings against principal borrower and guarantors. The claim was decreed, excluding Smt. Kinnari Shantilal Patel (hereinafter referred to as Smt. Kinnari). Since the decretal amount was not paid, recovery proceedings were initiated. The Recovery Officer, based on the orders of the Tribunal, took requisite steps. The property was subject to attachment, notices were issued and it was auctioned o21.7.2008 and confirmed on 25.8.2008.