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Jatinder Kaur Banga v/s International Asset Reconstruction Co. Pvt. Ltd. & Another


Company & Directors' Information:- ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED [Active] CIN = U65999MH2002PLC134884

Company & Directors' Information:- INTERNATIONAL ASSET RECONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U74999DL2002PTC117357

Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

Company & Directors' Information:- D B H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1950PTC057209

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- S S A INTERNATIONAL LTD [Active] CIN = U15122DL1995PLC068186

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

Company & Directors' Information:- T K INTERNATIONAL LIMITED [Active] CIN = U55101OR1982PLC001092

Company & Directors' Information:- N R INTERNATIONAL LIMITED [Active] CIN = L74999WB1991PLC051738

Company & Directors' Information:- K J INTERNATIONAL LIMITED [Active] CIN = L15142PB1993PLC011274

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- R S C INTERNATIONAL LIMITED [Active] CIN = L17124RJ1993PLC007136

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- M T L INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U24219UP2001PTC025965

Company & Directors' Information:- T C N S INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U51311DL1996PTC080096

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- G N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC110766

Company & Directors' Information:- S H A M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U45200MH1994PTC079867

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- D R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24132DL1996PTC079867

Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

Company & Directors' Information:- INDIA RECONSTRUCTION CORPORATION LIMITED [Active] CIN = U51109UP1945PLC001293

Company & Directors' Information:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- H C S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15312PB2012PTC036219

Company & Directors' Information:- L N G INTERNATIONAL LIMITED [Active] CIN = U51909DL1993PLC053438

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- S J M INTERNATIONAL LIMITED [Active] CIN = U52110DL1987PLC028571

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- I K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066267

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

Company & Directors' Information:- H R V INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899UP1993PTC057665

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

Company & Directors' Information:- S R V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74140DL2012PTC243060

Company & Directors' Information:- U M I INTERNATIONAL LTD [Strike Off] CIN = U51909WB1990PLC049671

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- H AND Z INTERNATIONAL LIMITED [Active] CIN = U10102AS1995PLC004509

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- J M INTERNATIONAL PVT LTD [Active] CIN = U45201WB1991PTC050829

Company & Directors' Information:- D P C INTERNATIONAL PVT LTD [Active] CIN = U74210WB1984PTC037378

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- N H B INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U67190MH1997PTC107387

Company & Directors' Information:- P D K INTERNATIONAL PVT LTD [Active] CIN = U74140WB1992PTC056468

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- M K N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117207

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- A & F INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U00265KA1995PTC018998

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- B L S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UR2010PTC033210

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- N J INDIA INTERNATIONAL LIMITED [Strike Off] CIN = U70101UP2004PLC028722

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- K K M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17110MH1995PTC089836

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- S. S. N. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29306DL1981PTC012616

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- J D K INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC014087

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- B P INTERNATIONAL PVT LTD [Strike Off] CIN = U31909HP1984PTC005785

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- R A R E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U31900DL2005PTC134395

Company & Directors' Information:- S R A INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1980PTC010389

Company & Directors' Information:- R Z INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900KA2012PTC064445

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- A P M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900TN2014PTC095953

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- INTERNATIONAL CO PRIVATE LIMITED [Strike Off] CIN = U51109UR1935PTC000663

Company & Directors' Information:- INDIA RECONSTRUCTION LIMITED [Dissolved] CIN = U99999MH1947PLC006083

Company & Directors' Information:- A B C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1990PTC041062

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

Company & Directors' Information:- B C I INTERNATIONAL LIMITED [Strike Off] CIN = U74900DL1977PLC008468

    Misc. Appeal No. 92 of 2019

    Decided On, 21 January 2020

    At, Debts Recovery Appellate Tribunal at Delhi

    By, THE HONOURABLE MR. JUSTICE P.K. BHASIN
    By, CHAIRPERSON

    For the Appellant: Sanjeev Bhandari, Advocate. For the Respondents: R1, Pawan Malik, R2, G.S. Anand, Advocates.



Judgment Text

This appeal is against the following order passed by the DRT-II, Chandigarh on 1.2.2019 in the O.A. under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 filed by Allahabad Bank, which subsequently assigned the debt of its borrower in favour of respondent No. 1 herein:“Heard arguments in this IA No. 912/18 which has been filed by applicant (third party) challenging the order dated 23.3.2015 by which certain properties of defendant borrower were attached by this Tribunal and the learned Counsel for applicant has stated that the attachment order was passed on 23.3.2015 whereas applicant who is a third party has already purchased these properties from B.O.I. on 25.11.2016 and 17.12.2014. The learned Counsel for applicant has stated that it is well settled principle of law that on the date of attachment, only the property of borrower can be attached. Since, borrower had already sold these properties to applicant prior to the date of attachment order; therefore, this order is illegal and requested to set aside this order and to release these properties from attachment.The learned Counsel for IARC had filed an application for attachment of these properties and it was very much in the knowledge of B.O.I. in connivance with the borrower and applicant purchaser, released these properties to the borrower fraudulently and financed the applicant to purchase these properties and the applicant after purchasing these properties again mortgaged these properties with the B.O.I. When these properties were attached by this Tribunal on 23.3.2015 then B.O.I. as well as applicant purchasers both were affected by this order and one of these affected parties B.O.I. challenged the order dated 23.5.2015 in this Tribunal and the application of B.O.I. was dismissed on 25.11.216 and B.O.I. had filed an Appeal before Hon’ble DRAT, Delhi against order 25.11.2016 which is still pending. Since, this Tribunal has already dismissed the application regarding attachment, then this Tribunal cannot review order dated 25.11.2016 as this order has already been challenged before Hon’ble DRAT, Delhi by B.O.I. The learned Counsel for IARC further stated that third party purchasers were well aware of the order dated 23.3.2015 as well as appeal proceedings pending before Hon’ble DRAT, Delhi against the order of attachment but applicant never tried to become party in that appeal and never challenged this attachment order since 23.3.2015 and this application for condonation of delay has been filed and prayed to dismiss the application.The learned Counsel for B.O.I. also supported the arguments of Counsel for applicant in I.A. No. 912/18 and requested to allow this application.Heard all the parties and perused the file. The brief facts are that previously this O.A was filed by Allahabad Bank against the defendants and thereafter, the loan was assigned by Allahabad Bank to IARC and the name of applicant IARC was substituted in this O.A.Then IARC filed one application for attachment of some properties of defendants which were mortgaged by the defendants with B.O.I. also and B.O.I. is also a party in this OA. B.O.I. released these properties in favour of defendants with this condition that defendants will pay Rs. 26 crores to B.O.I. and the learned Counsel for B.O.I. stated that after the release of these properties, the defendants sold these properties to the applicant purchasers. The B.O.I. financed the applicant purchasers to purchase these properties and he again mortgaged these properties with B.O.I.When these properties were attached by this Tribunal on 23.3.2015 then there were two affected parties by this attachment order. One of them is B.O.I. because these properties were again mortgaged by the purchaser with B.O.I. and secondly the purchasers who are applicant in this I.A.Aggrieved by this order dated 23.3.2015 one of the affected parties challenged the order in this Tribunal by way of an application which was dismissed on 25.11.2016 and B.O.I. filed an Appeal before Hon’ble DRAT, Delhi which is pending for disposal. This issue whether the attachment order was valid or not, has already been decided by this Tribunal on 25.11.2016 in an objection filed by one of the affected partied B.O.I. then in my humble view this Tribunal has no jurisdiction to again decide this issue whether this attachment order is valid or not.Since, B.O.I. has filed an Appeal against the order dated 25.11.2016 before the Hon’ble DRAT, Delhi which is pending and applicant purchasers who have filed this IA are well aware of the facts that Appeal is pending before the Hon’ble DRAT, Delhi then they should have become a party in that Appeal as per law. It is well settled principle of law that on the date of attachment only that property can be attached which belongs to borrower and property of any other person cannot be attached but in this case the properties which were attached by the Tribunal on 23.3.2015 were already sold out by the borrowers to the applicants and that attachment order was challenged by B.O.I. and that application was dismissed in 25.11.2016, therefore, this Tribunal has no jurisdiction to give and finding again on its own order. Otherwise, that will amount to hearing an Appeal of its own order which is not permitted by law.Therefore, as per above mentioned reasons, I am of this view that applicant in this IA are one of the affected parties by this attachment order and since, this attachment order was challenged by other affected party B.O.I. that application was dismissed on 25.11.2016. Applicant/purchasers never become party in the objections filed by the B.O.I. which was dismissed on 25.11.2016 and when B.O.I. filed an Appeal against the order even then the purchaser kept on watching the proceedings secretly without becoming party in Appeal also. And after 4 years of this attachment order they have moved this application first time challenging that order which has already been challenged by other affected party B.O.I. and since, the objection of B.O.I. has already been decided and dismissed by this Tribunal, therefore, applicant/purchaser have no right to raise that issue again before this Tribunal when an Appeal is already pending against that order before Hon’ble DRAT, Delhi.Therefore, this Tribunal cannot go into question of attachment at this stage when this issue is already pending before Hon’ble DRAT, Delhi in Appeal filed by other affected party for this attachment order i.e. B.O.I.Therefore, as per above mentioned reasons, the present IA is not maintainable and is accordingly dismissed in the light of above mentioned reasons.”2. From a reading of this impugned order of DRT and the submissions made at the Bar and also a perusal of the material available on record the position which emerges is that Allahabad Bank had sanctioned loan of crores of rupees to one Company M/s Lakhani Rubber Udyog Private Ltd., a part of ‘LAKHANI GROUP OF COMPANIES’ which appears to be under the control of one P.D. Lakhani. Since the loan of Allahabad Bank was not repaid it had filed one O.A. No. 142/2013 before DRT-I, Chandigarh for recovery of its dues against the borrower and guarantors who included P.D. Lakhani and his wife. During the pendency of the O.A. Allahabad Bank assigned the debt in favour of respondent No. 1 herein which came to be substituted as the O.A. Bank of India was also impleaded in the O.A. but as a proforma defendant applicant. The assignee of Allahabad Bank had moved an application for attachment before judgment in respect of some properties. That application was allowed by DRT-I, Chandigarh vide order dated 23.3.2015. After some months of the passing of that attachment order Bank of India moved one application purporting to be an application under Section 152, CPC for correction in the attachment order dated 23.3.2015 and the correction sought for was that the DRT even after noticing that attachment properties were mortgaged with Bank of India by its owner P.D. Lakhani to secure repayment of loan which this Bank had advanced to another Company of ‘LAKHANI GROUP OF COMPANIES’ did not mention in the order that attachment was subject to the mortgage rights of Bank of India. In that application Bank of India had claimed that attached properties were mortgaged in its favour by P.D. Lakhani and out of those properties three properties had already been released by it and P.D. Lakhani had in turn sold those three properties in Faridabad to the appellant herein much before the passing of the attachment order dated 23.3.2015. That application of Bank of India was however rejected by DRT. Against that order Bank of India filed an appeal before this Tribunal (being Appeal No. 500/2016). That appeal has already been dismissed by this Tribunal holding the same to be not maintainable considering the application under Section 152, CPC to be really an application for review of attachment order dated 23.3.2015 and further holding that no appeal lies against an order of rejection of a review application.3. During the pendency of the appeal of Bank of India before this Tribunal the appellant herein had filed an application (being M.A. No. 912/2018) before DRT-II, Chandigarh where the O.A. appears to have been transferred in the meanwhile and registered as O.A. No. 787/2017, for lifting of attachment of three properties in Faridabad which were attached vide order dated 23.3.2015. The appellant had claimed in her application that she had purchased the three attached properties from P.D. Lakhani after the same had been released by Bank of India from its charge much before the passing of attachment order dated 23.3.2015 and, therefore, the attachment order in respect of the three properties purchased by her was liable to recalled.4. The application of the appellant was disposed of by DRT-III, Chandigarh, since the Presiding Officer of DRT-III was given additional charge of DRT-II because of Presiding Officer of DRT-II having demitted office DRT-III however, rejected the application of the appellant vide impugned order dated 1.2.2019 for the reason that Bank of India had already challenged the order dated 23.3.2015 before DRAT and so the same issue could not be decided by DRT again. Feeling aggrieved the appellant approached this Tribunal by filing the present appeal.5. It was not seriously disputed by the Counsel for the respondents that the point involved in the appeal of Bank of India and in the application moved by the present appellant was not same. In my view the DRT ought to have disposed of the appellant’s application on its own merits after considering the grounds of opposition thereto raised, if any, on behalf of the O.A. applicant, respondent No. 1 herein, being assignee of Allahabad Bank. Without dealing with the points raised by

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the appellant herein seeking recall of attachment order concerning three properties which she was claiming to have purchased from P.D. Lakhani prior to the passing of the attachment order dated 23.3.2015 her application could not have been dismissed.6. This appeal is, therefore, allowed and the order dated 1.2.2019 of DRT-II, Chandigarh is set aside. The DRT is directed to pass a fresh order after hearing the parties on I.A. No. 912/2018 filed by Ms. Jatinder Kaur Banga for lifting of attachment of three properties in Faridabad ordered earlier vide order dated 23.3.2015. The matter shall now be taken up on 10.2.2020 at 2 p.m. for ‘directions’. DRT-III which is presently holding additional charge of DRT-II also because of the Presiding Officer of DRT-II having demitted office upon completion of his tenure be informed of this order. Records of the case shall be made available to DRT-III by the Registry of DRT-II, Chandigarh. It is clarified that this Tribunal has not gone into the merits of the case of the appellant herein and the DRT shall take fresh decision uninfluenced by any observation made in the order dated 1.2.2019 which is being set aside by the present order.Appeal allowed.
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