SURESH AGARWAL Vs. KOTAK MAHINDRA BANK

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India with the following prayers:-

(2.) Brief facts of the case are that an Original Application bearing No.195/2002 was filed by the respondents Nos.1 and 2 before the learned Debts Recovery Tribunal, Jaipur (for short as 'the DRT') for recovery of the amount and the said application was allowed by the tribunal while holding that the respondents Nos.1 and 2 are entitled to recover a sum of Rs.4,82,86,341.79 from the respondents Nos.3 to 6. The execution proceedings were initiated bearing No.45/2008 in Original Application No.195/2002.

(3.) The petitioner's father Shri Pukharaj (since deceased) preferred a writ petition bearing No.9981/2009 before this Court and vide order dtd. 4/7/2012 (Annex.-7), the writ petition was disposed of with a direction to the DRT, Jaipur to decide the objections filed by the petitioner within a period of one month. The petitioner has also preferred a civil suit, which was dismissed by holding that the appropriate remedy for the petitioner is to approach the DRT. The petitioner approached the DRT and submitted an application while stating that he is ready to pay the actual amount, which was due with respect to the plot No.76, the property which was mortgage with the respondent-bank.