SAJEDA KHATOON Vs. BANK OF INDIA

JUDGEMENT

(1.) Any person, not being a borrower, if could maintain an appeal without pre-deposit as contemplated under Section 21 of Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter be referred to as DRT Act, 1993) is the issue to be decided in this application.

(2.) Before the appellate Tribunal, the petitioner contended that having regard to the nature of the impugned order passed by the learned Presiding Officer, Debt Recovery Tribunal and the status of the petitioner, there may not be any liability and hence no requirement to make any pre-deposit under Section 21 of the DRT Act, 1993.

(3.) The said appeal arose against an order dated 13th October, 2009 passed by the Ld. Debts Recovery Tribunal, Patna by which the Presiding Officer, DRT, Patna directed the Recovery Officer to proceed with the auction sale of the property in question along with other attached properties. The said order was passed in connection with the Recovery Certificate issued in favour of the Bank on 3rd September, 2001. Under the certificate, the opposite party Nos. 2 to 7 were held to be liable jointly and severally for a sum of Rs.1,14,098.99/- up to 30th December, 1992 with cost and all other charges with interest, pendente lite and future interest till realization. On the basis of such certificate, the Recovery Officer registered a case being R.P. Case No.128 of 2001. The Recovery Officer by an order dated 26th December, 2001 attached the immovable properties of the certificate debtors and further steps were taken for public auction of the attached properties. At the stage of sale of one of the properties, the petitioner claiming to be the wife of one of the guarantors, namely, Mr. Ziaul Hoda filed the application for vacating the order of attachment in respect of the said property.