MALTI DEVI KAKKAR Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THEY are heard. Preliminary objection is raised during the course of argument on behalf of the Bank that the appellant No. 1 has unnecessarily been impleaded as one of the appellant's, though she has not chosen to file the Securitisation Application under Section 17 of the SARFAESI Act, 2002 before the Tribunal. It is clear from the judgment passed by the Tribunal on 15th March, 2012 in the two securitisation applications i.e. S.A. No. 29/2011 and S.A. No. 155/2010 that the appellant No. 1 was not a party before the Tribunal, as she has not chosen to file the Securitisation Application before the Tribunal. Under these circumstances, she has no right to prefer the appeal under Section 18 of the SARFAESI Act, 2002, therefore, the present appeal shall not be treated to be an appeal by the appellant No. 1.

(2.) WITH regard to the appellant Nos. 2 and 3 are concerned, they preferred the securitization application before the Tribunal which was registered as S.A. No. 155/10. The said securitisation applications were dismissed by the Tribunal by an order dated 15th March, 2012, which is impugned order in the present appeal. Under these circumstances, the present appeal is treated to be an appeal by the appellant Nos. 2 and 3.

(3.) IN spite of the notice the dues were not clear, therefore, the Bank took action under Section 13(4) of the SARFAESI Act, 2002. After taking over the possession of the property, the mortgaged property was put to auction.