AJAY GOYAL Vs. BANK OF INDIA

JUDGEMENT

(1.) SINCE Mr. Singh has appeared on behalf of the respondent No. 2. caveat is discharged. Heard parties' Counsel on admission. The appellants are aggrieved with the order dated 19.4.2012 of the learned Presiding Officer of DRT -II, Delhi, whereby the application (I.A. 522/2011) filed by the respondent No. 2 for the return of original title deeds deposited in O.A. No. 85/99 before the Tribunal below was allowed.

(2.) MR . Kashyap points out that the assignment of debt and liabilities by respondent No. 1 qua the secured assets to respondent No. 2 was challenged when the application for substitution of respondent No. 2 was considered by the Tribunal below and by order dated 4.9.2008, it was ordered that the question of the legality of assignment would be considered when the O.A. would be finally heard. Mr. Kashyap further points out that though the property of the appellant was mortgaged as security with respondent No. 1, but it was not transferred to the assignee company as it was not mentioned in Schedule 'D' of the deed of assignment dated 26.6.2008. He further points out that subsequently another deed of assignment was executed, which had the mention of appellant's property. According to Mr. Kashyap since the legality of the assignment and the mortgage is to be decided by the Tribunal below, therefore, the title deeds, more specifically the title deed of the appellants, should not have been ordered to be returned to the assignee company.

(3.) ACCORDING to Mr. Singh, the appellants want to raise the issue relating to the deeds of assignment again by way of this Appeal, which is barred by the principle of res judicata.