BHUPINDER KAUR Vs. PUNJAB NATIONAL BANK AND OTHERS

JUDGEMENT

(1.) In proceedings initiated by Punjab National Bank/respondent No. 1 for recovery of debts due from M/s Kerala Rubber Corporation, the borrower entity with Manpreet Singh as the sole proprietor and Narinder Singh Bhatia and Bhupinder Kaur as the guarantors, a decree was passed by the Debt Recovery Tribunal on 18.11.1997. There were various facilities and it was held that qua the balance amount of Rs. 5,63,380.72 in the Cash Credit (Pledge) Account, only defendant No. 4 would be liable alongwith the principal borrowers/defendants No. 1 and 2. The said defendant No. 4 is the petitioner before us. It may also be added that despite service and having entered appearance, no written statement was filed, resulting in the defendants being proceeded ex-parte, which ex-parte proceedings were set aside giving further opportunity to file written statement, but still no written statement was filed and the defendants were once again proceeded ex-parte on 26.9.1997.

(2.) The decree became final and execution proceedings were taken thereof, in which the mortgaged property of the petitioner was sold by public auction. The objections filed to the same were dismissed by the Recovery Officer on 14.9.1999, which order was assailed. It appears that this order was straightaway assailed before the Debt Recovery Appellate Tribunal (DRAT), which has dismissed the appeal while vacating interim order, vide order dated 28.9.2000.

(3.) The present writ petition under Article 226 of the Constitution of India has been filed seeking to assail both the order of the Recovery Officer dated 14.9.1999 and the order dated 28.9.2000 of the DRAT and the consequential relief for declaration that the auction of the property of the petitioner bearing House No. 548, Basant Avenue, Amritsar, was illegal. In the writ petition, the respondent-Bank has been arrayed as respondent No. 1, while the auction purchaser has been arrayed as respondent No. 2. Respondents No. 3 and 4 are formal parties being Recovery Officer and DRAT.