S. RESHMA Vs. DEBT RECOVERY TRIBUNAL
LAWS(MAD)-2017-1-291
HIGH COURT OF MADRAS
Decided on
January 04,2017
S. Reshma
Appellant
VERSUS
DEBT RECOVERY TRIBUNAL
Respondents
Referred Judgements :-
UNION OF INDIA V. G.M. KOKIL [REFERRED TO]R. V. NATIONAL ASYLUM SUPPORT SERVICES [REFERRED TO]
R. SRIDHARAN V. PRESIDING OFFICER [REFERRED TO]
ASWINI KUMAR GHOSE INCORPORATED LAW SOCIETY CALCUTTA HIGH COURT INTERVENERS VS. ARABINDA BOSE [REFERRED TO]
POPPATLAL SHAH PARTNER OF MESSRS INDO MALAYAN TRADING CO THE UNION OF INDIA VS. STATE OF MADRAS [REFERRED TO]
DOMINION OF INDIA NOW UNION OF INDIA VS. SHRINBAL A IRANI [REFERRED TO]
STATE OF WEST BENGAL PLAINTIFF THE ADVOCATES GENERAL FOR THE STATES OF MADHYA PRADESH THE ADVOCATES GENERAL FOR THE STATES OF PUNJAB THE ADVOCATES GENERAL FOR THE STATES OF ASSAM THE ADVOCATES GENERAL FOR THE STATES OF ORISSA THE ADVOCATES GENERAL FOR T VS. UNION OF INDIA DEFENDANT:UNION OF INDIA DEFENDANT:UNION OF INDIA DEFENDANT:UNION OF INDIA DEFENDANT:UNION OF INDIA DEFENDANT:UNION OF INDIA DEFENDANT:UNION OF INDIA DEFENDANT:UNION OF INDIA DEFENDANT:UNION OF INDIA DEFENDANT:UNION OF INDIA DEFE [REFERRED TO]
MARTIN BUM LIMITED VS. CORPORATION OF CALCUTTA [REFERRED TO]
RAM KIRPAL BHAGAT VS. STATE OF BIHAR [REFERRED TO]
H H MAHARAJADHIRAJA MADHAV RAO JIVAJI RAO SGINDIA BAHADUR OF GWALIOR H H MAHARAJADHIRAJA MAHARANA SHRI BHAGWAT SINGHJI BAHADUR OF UDAIPUR COL H H BRARBANS SARAMAUR RAJA I RAJAGAN SIR PRATAP SINGH MALVENDRA BAHADUR COL RAJA SURINDER SINGH BAHADUR VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. MAJ I C LALA [REFERRED TO]
MAHINDRA AND MAHINDRA LIMITED VS. UNION OF INDIA [REFERRED TO]
ONKARLAL NANDLAL VS. STATE OF RAJASTHAN [REFERRED TO]
MARY ROY VS. STATE OF KERALA [REFERRED TO]
CHANDAVARKAR SITA RATNA RAO VS. ASHALATA S GURAM [REFERRED TO]
BALASINOR NAGRIK COOPERATIVE BANK LIMITED VS. BABUBHAI SHANKERLAL PANDYA [REFERRED TO]
SYED HASAN RASUL NUMA VS. UNION OF INDIA [REFERRED TO]
R S RAGHUNATH VS. STATE OF KARNATAKA [REFERRED TO]
PANNALAL BANSILAL PITTI VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF BIHAR VS. BIHAR DISTILLERY LIMITED [REFERRED TO]
SULTANA BEGUM VS. PREM CHAND JAIN [REFERRED TO]
MOHAMMAD ALI KHAN VS. COMMISSIONER OF WEALTH TAX NEW DELHI [REFERRED TO]
A G VARADARAJULU VS. STATE OF TAMIL NADU [REFERRED TO]
VISHIN N KHANCHANDANI VS. VIDYA LACHMANDAS KHANCHANDANI [REFERRED TO]
ANWAR HASAN KHAN VS. MOHAMMAD SHAFI [REFERRED TO]
NAGPUR IMPROVEMENT TRUST VS. VASANTRAO [REFERRED TO]
RAICHURAMATHAM PRABHAKAR VS. RAWATMAL DUGAR [REFERRED TO]
RAM SAHA VS. STATE OF WEST BENGAL [REFERRED TO]
CENTRAL BANK OF INDIA VS. STATE OF KERALA [REFERRED TO]
R S PILLAI VS. M L PERATCHI ALIAS SOLVI [REFERRED TO]
M SATHYANATHAN VS. DISTRICT COLLECTOR [REFERRED TO]
ROHITASH KUMAR VS. OM PRAKASH SHARMA [REFERRED TO]
C.N. PARAMSIVAN VS. SUNRISE PLAZA TR [REFERRED TO]
V.L.S. FINANCE LTD VS. UNION OF INDIA [REFERRED TO]
SADASHIV PRASAD SINGH VS. HARENDAR SINGH [REFERRED TO]
HARDEEP SINGH VS. STATE OF PUNJAB [REFERRED TO]
JUDGEMENT
S. Manikumar, J. -
(1.)On 13/7/2011, in D.R.C. No.161/2010, in O.A. No.119 of 2007, Debts Recovery Tribunal - I, Chennai, has passed the following order:-
"Whereas you the defendants have failed to pay the sum of Rs.6,04,67,154.42 p (Rupees Six crores four lakhs sixty seven thousand one hundred and fifty four and paise forty two only), payable by you, jointly and severally, to the applicant in terms of Debt Recovery Certificate No.161/2010 dated 14/12/2010 issued in O.A.No.119/2007 drawn up by the Honourable Presiding Officer, Debts Recovery Tribunal - I, at Chennai, and further interest and costs payable as per law:
Whereas the Certificate holder bank has now identified the undermentioned unsecured immovable property in which the fourth certificate debtor/defaulter is having one third share, being a joint owner, which is sought to be attached/sold by the certificate holder bank in execution of the RC issued against the defaulters.
It is hereby ordered that you, the said defendants be and you are hereby prohibited and restrained from transferring and charging the under mentioned properties in any way and that all persons be and are hereby prohibited and restrained from taking any benefit under such transfer or charge.
Also note that unless the money is paid forthwith the undermentioned properties will be sold by public auction and the money will be realised without any further notice or intimation.
Description of Property
One third undivided share of Ms.L.Rasina (4th certificate debtor/defaulter) in all that piece and parcel of land and building bearing Door No.5, Damodara Mudali Street, Chetpet, Chennai measuring an extent of 2 grounds and 1678.5 sq.ft comprised in S.No.450/5 and 450/41 of Egmore village, Egmore - Nungambakkam Taluk, Chennai, bounder on the North by Club Road; South by Door No.6, Damodara Mudali Street; East by Door No.54 B, 54 A and 54 part of Dr. T.V. Naidu Street and on the West by Door No.4 property owned by LIC of India, situated within the Sub- Registration District of Periamet."
(2.)S. Reshma, Chennai, a third party to the above said proceedings, has filed Claim Petition No.26 of 2011 in D.R.C. No.161 of 2010 in O.A.No.109/2007, on the file of the Debts Recovery Tribunal - I, Chennai, contending inter alia that she is the owner of the property, by virtue of Hiba, dated 9/10/1998, which was reduced into writing on 15/10/1998, under the proceedings of the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993). In the Claim Petition No.26 of 2011, she has sought for impleadment as respondent No.6 in Recovery proceeding ARC No.161/2010. She has also sought for a prayer, to vacate the order of attachment, dated 13/7/2011, in respect of the undivided share of Ms.L.Rasina, in respect of the property situated at Door No.5, Damodara Mudali Street, Chetpet, Chennai 31. Opposing the prayer sought for, M/s. Kotak Mahindra Bank Limited, Asset Reconstruction Division, has filed a detailed counter affidavit.
(3.)After considering the rival submissions to the challenge viz., the order of attachment, dated 13/7/2011, as against the undivided share of Ms. I.Rasina/fourth defendant (certificate debtor) in respect of the above said property and the claim of the writ petitioner/third party, the Debts Recovery Tribunal - I, Chennai, vide, order, dated 10/12/2013 in C.P.No.26 of 2011 in D.R.C. No.161 of 2010, dismissed the claim petition.
"Whereas you the defendants have failed to pay the sum of Rs.6,04,67,154.42 p (Rupees Six crores four lakhs sixty seven thousand one hundred and fifty four and paise forty two only), payable by you, jointly and severally, to the applicant in terms of Debt Recovery Certificate No.161/2010 dated 14/12/2010 issued in O.A.No.119/2007 drawn up by the Honourable Presiding Officer, Debts Recovery Tribunal - I, at Chennai, and further interest and costs payable as per law:
Whereas the Certificate holder bank has now identified the undermentioned unsecured immovable property in which the fourth certificate debtor/defaulter is having one third share, being a joint owner, which is sought to be attached/sold by the certificate holder bank in execution of the RC issued against the defaulters.
It is hereby ordered that you, the said defendants be and you are hereby prohibited and restrained from transferring and charging the under mentioned properties in any way and that all persons be and are hereby prohibited and restrained from taking any benefit under such transfer or charge.
Also note that unless the money is paid forthwith the undermentioned properties will be sold by public auction and the money will be realised without any further notice or intimation.
Description of Property
One third undivided share of Ms.L.Rasina (4th certificate debtor/defaulter) in all that piece and parcel of land and building bearing Door No.5, Damodara Mudali Street, Chetpet, Chennai measuring an extent of 2 grounds and 1678.5 sq.ft comprised in S.No.450/5 and 450/41 of Egmore village, Egmore - Nungambakkam Taluk, Chennai, bounder on the North by Club Road; South by Door No.6, Damodara Mudali Street; East by Door No.54 B, 54 A and 54 part of Dr. T.V. Naidu Street and on the West by Door No.4 property owned by LIC of India, situated within the Sub- Registration District of Periamet."
(2.)S. Reshma, Chennai, a third party to the above said proceedings, has filed Claim Petition No.26 of 2011 in D.R.C. No.161 of 2010 in O.A.No.109/2007, on the file of the Debts Recovery Tribunal - I, Chennai, contending inter alia that she is the owner of the property, by virtue of Hiba, dated 9/10/1998, which was reduced into writing on 15/10/1998, under the proceedings of the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993). In the Claim Petition No.26 of 2011, she has sought for impleadment as respondent No.6 in Recovery proceeding ARC No.161/2010. She has also sought for a prayer, to vacate the order of attachment, dated 13/7/2011, in respect of the undivided share of Ms.L.Rasina, in respect of the property situated at Door No.5, Damodara Mudali Street, Chetpet, Chennai 31. Opposing the prayer sought for, M/s. Kotak Mahindra Bank Limited, Asset Reconstruction Division, has filed a detailed counter affidavit.
(3.)After considering the rival submissions to the challenge viz., the order of attachment, dated 13/7/2011, as against the undivided share of Ms. I.Rasina/fourth defendant (certificate debtor) in respect of the above said property and the claim of the writ petitioner/third party, the Debts Recovery Tribunal - I, Chennai, vide, order, dated 10/12/2013 in C.P.No.26 of 2011 in D.R.C. No.161 of 2010, dismissed the claim petition.
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