MANJU DEVI @ IVLANJU KUAR W/O LATE SANJEEV KUMAR GUPTA Vs. CHAIRMAN-CUM-MANAGING DIRECTOR, PUNJAB NATIONAL

JUDGEMENT

(1.) In this writ application, petitioner has made following prayers:--

(2.) Learned counsel for the Bank submits that three members of the joint family formed a partnership firm and in the name of partnership firm they took loan. They defaulted in repayment of loan and hence loan account was classified N.P.A. Thereafter Bank proceeded under SARFAESI Act as well as before the Debt Recovery Tribunal. He submits that the petitioner should, if necessary, intervene before the Debt Recovery Tribunal in which some of the partners and guarantors are already party. However, he submits that the petitioner has already appeared before the Debt Recovery Tribunal for intervention but her application has been rejected. Hence, she may have to move the Appellate Tribunal now.

(3.) Learned counsel for the petitioner submits that the petitioner had not moved the Debt Recovery Tribunal and she has no knowledge of the proceedings before it as no notice has been served on her of any pending proceeding. He further submits that in fact joint family property was mortgaged with the Bank. He submits that, after the death of husband of the petitioner, Bank officials, in connivance with other co-parceners of the family, committed several acts of forgery and manipulation in which property of the share of the other co-parceners were left out and property of the share of husband of the petitioner was auction sold without any notice to the petitioner.