RENU DEVI SHASTRI Vs. JAMMU & KASHMIR BANK

JUDGEMENT

(1.) CHALLENGING the orders passed by the Debt Recovery Tribunal, Jabalpur on 22.7.2013 in Review Application No.24/2012 and another order dated dated 30.4.2010 Annexure P -2 passed in Second Appeal No.197/2009, this writ petition has been filed by the petitioner.

(2.) PETITIONER claims to be married to respondent no.3. It is her grievance that respondent no.3 has committed fraud on her, he was already married and without disclosing these facts he mis -represented and married the petitioner. Thereafter fraudulently obtained blank signatures and executed an illegal deed transferring her property in his name on the pretext of obtaining loan. Thereafter he obtained loan from respondent no.1 Bank and when the amount of loan was not repayed, proceedings were initiated by the bank under section 13 and 14 of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'Act of 2002' for short) and finally an order dated 6.3.2009 was passed by the Collector exercising jurisdiction under section 14 of the Act of 2002.

(3.) CHALLENGING the aforesaid action an appeal was filed by the petitioner before the Debt Recovery Tribunal under section 17 of the Act of 2002 and the Debt Recovery Tribunal dismissed the same on 30.4.2010. Even though the Debt Recovery Tribunal dismissed the appeal on the ground that an appeal under section 17 was not maintainable against the order of Collector, it also went into certain aspects of the merits and rejected the contention on merits. Petitioner therefore approached this Court in W.P.No.7429/2010 and a Co -ordinate Bench of this Court on 8.10.2012 found that an appeal under section 17 of Act of 2002 was maintainable and for challenging the order under section 14 applying the law laid down by the Supreme Court in the case of United Bank of India Vs. Satyawati Tandon : (AIR 2010 SC 3413) granted liberty to the petitioner either to file a fresh appeal before the Tribunal or to seek review of the order. The petitioner sought review and the review application having been dismissed, this writ petition has been filed.