PUNJAB AND SIND BANK Vs. HARSH VARDHAN

JUDGEMENT

(1.) MR . Justice J.M. Malik, Chairperson -Arguments heard on merits. The Counsel for the appellant has picked up a conflict with the finding given by the learned DRT in para 14 of the impugned order dated 19.7.2007.

(2.) BEFORE referring to para 14, the facts germane to this appeal are these. The applicant Bank moved an application under Section 19 of the RDDBFI Act and the learned Presiding Officer issued recovery certificate. During the execution, the Recovery Officer attached the mortgaged assets. The plea of the respondents is that under the circumstances the Bank cannot take any action under Section 13(4) of the SRFAESI Act.

(3.) I have heard the Counsel for the parties.