SHIVMONI AND CO. Vs. CANARA BANK AND ANR.

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the order dated 2nd December, 2002 passed in I.A. No. 6 in Original Application No. 702 of 1996, on the file of D.R.T., Bangalore. In fact, this miscellaneous appeal was disposed of by my predecessor by order dated 3rd March, 2005, and the same was challenged in the writ petition No. 15371 of 2005 (GM : D.R.T.) before the High Court of Karnataka at Bangalore, and the said writ petition was allowed by order dated 9th November, 2005 by remitting the matter to this Tribunal for fresh consideration.

(2.) IT appears that the respondent Banks have taken out an application for attachment of the property in I.A. No. 2 of 1993, while the suit was pending before the City Civil Judge, Bangalore, as O.S. No. 2311 of 1993, before it was transferred to the D.R.T. and the appellant herein viz. Shivmoni & Co. have filed an application before the City Civil Judge, Bangalore, and thereafter, it got transferred to the D.R.T. and taken up for inquiry in I.A. No. 6 of 1996 and the application filed by the appellant to vacate the order of attachment was dismissed and as against the same, the present appeal has been filed.

(3.) THE respondent Banks filed objections by way of counter to the said application wherein they have contended that they do not admit that Shree Vallabh Mohatta is the chief executive of the appellant company and he has no authority to file the application on behalf of the appellant firm. They have admitted that Bhagwati Devi Mohatta is the widow and legal heir of S.M. Mohatta and there are no other legal heirs to late S.M. Mohatta. The respondents also do not admit the correctness and genuineness of the documents produced in the application filed by the appellant in the absence of original of those documents. It is also stated that the application filed by the appellant is not maintainable and the order of attachment passed was in order.