Drat Delhi Court November 2006 Judgments
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Rama Sinha (Smt.) and ors. Vs. Canara Bank and ors.
Court: DRAT Delhi
Decided on: Nov-01-2006
Reported in: I(2007)BC169
1. An order passed by the D.R.T., Chandigarh in appeal No. 21 of 2005 in R.C. No. 321 of 2004 on 26th July, 2006 is assailed in this appeal on various grounds. For proper appreciation of the issues, few facts which are necessary are recorded as under.2. The respondent No. 1 - Bank herein, instituted Original Application No. 139 of 2001 for recovery of certain amounts before the D.R.T. in which these appellants also figured as defendants being guarantors. The suit appears to have been decreed exparte. However, these appellants claim to have filed an application under Order 9, Rule 13, C.P.C.seeking to set aside the ex pane decree which matter is still pending before the D.R.T. However, the Recovery Officer, on receipt of the recovery certificate proposed to auction the properties which were offered as security by these guarantors. The appellants herein, filed an application before the Recovery Officer seeking stay of all proceedings in R.C. No. 321 of 2004 on the premise that the princ...
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