Bank of Baroda v. Mala
Case brief
What is this about?
The DRT allowed an application for conditional attachment of properties belonging to four defendants to secure the applicant bank's dues of over Rs. 5.5 Crores, subject to a second charge on one property, while reservesing the final merits of the case.
What did the court decide?
Conditional attachment of the schedule mentioned properties ordered to secure dues of the applicant bank, subject to 2nd charge on property of Defendant 2.
What the court decided
IA 1605/24 in OA 278/2022
04.04.2025
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 04th day of April, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
I.A. No.1605 of 2024 in O.A. No. 278 of 2022
Bank of Baroda
Tambaram Branch No.3, Bhaktavatchalam Street West Tambaram, Chennai – 600 045 Now represented by its Chief Manager
ROSARB, CRR, Chennai – 8
….Applicant
-Vs-
Issues for consideration
3 issues framed by the court
Whether an order of conditional attachment of property is maintainable to secure the dues of the applicant bank during the pendency of the original application.
Whether the property of the second defendant is subject to a second charge in favor of the applicant bank despite a first charge held by another bank.
Whether the alleged transfer of property by the fourth defendant via power of attorney without consideration is violative of Section 19(4-A) of the RDB Act.
Parties & counsel
- applicant
Bank of Baroda, Tambaram Branch
- respondent
Mrs. P. Mala
- respondent
N. Raghuraman
- respondent
Mr. A. Sudhakar
- respondent
Mr. Lal Bahadur Sastri
Case details
As recorded by the court registry
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