PUNJAB AND SIND BANK Vs. PANKAJ A MEHTA

JUDGEMENT

(1.) THIS Misc. Appeal is filed by the appellant original applicant Punjab and Sind Bank, being aggrieved by the order date 19.8.2002 passed by the learned Presiding Office of Debts Recovery Tribunal-II, Mumbai in Appeal No. 8/2002. The said appeal was filed by the appellant/obstructionist Mr. Pankaj Mehta being aggrieved by the order passed by the Recovery Officer of Debts Recovery Tribunal-II, Mumbai on 13.4.2002, whereby application in R.P. No. 77/2001 for lifting the attachment over Plot No. 22-A, Shri Bhakti Nagar Co-operative Housing Society, Mathani Road, Rang Bhavan, Rajkot, Gujarat State, came to be rejected. Those recovery proceedings had arisen from recovery certificate issued by DRT-II in Original Application No. 2405 of 1999 against respondent Nos. 2 to 8. By the impugned order dated 19.8.2002, the learned Presiding Officer allowed the said appeal filed by the obstructionist Mr. Pankaj Mehta and the order passed by Recovery Officer on 13.4.2002 rejecting his claim/objection was set aside and the attachment of the property described above, came to be vacated. Hence appeal by the Bank.

(2.) . Few facts, which are required to be stated, are as follows:

(3.) I have heard Mr. Balsara for the appellant and Mr. Parihar for the respondent Bank. I have also gone through the proceedings and in my view, the impugned order is correctly passed and interference is called for.