Pursuant to the said numberification, companysidering section 3 3 of the Act of 1992, all properties, movable and immovable stood attached simultaneously.
The respondent No.2 Oriental Bank of Commerce hereinafter to be referred to as the Bank filed an application being Original Application No.233 of 2002 against the respondent No.1.
Aggrieved against this order the matter was taken up before the Appellate Tribunal on the basis that the property of the respondent No.1 stood attached by the Custodian under the Act of 1992.
This was opposed by the Bank on the ground that the defendant No.2 has been sued merely as a guarantor and therefore, the provisions of the Act of 1992 were number attracted.
The D.R.T. accepted the objection and rejected the petition of respondent No.1.
That application came to be rejected by order dated 16.3.2005.
Application was filed by the Bank before the Debts Recovery Tribunal for recovery of its debts against the same person i.e. Ketan Parekh and temporary injunction was issued to disclose the assets and during the pendency of these Original Applications the jurisdiction of the Tribunal was challenged.
Hence, the present appeal against the order passed by the Division Bench of the High Court of Bombay dated 17.1.2006.
This was opposed by the Bank on the ground that the provisions of Section 9A of the Act of 1992 were number attracted as the respondent No.1 was being sued in his personal capacity as guarantor and number as a mortgagor or pledger of the movable or immovable properties.
That appeal came to be rejected by order dated 19.8.2005.Against the order passed by the Appellate Tribunal, a writ petition was filed before the High Court.
The Custodian companyfirmed the attachment on 1.11.2001.
Aggrieved against this order the present writ petition was filed before the Bombay High Court by respondent No.1.
The Appellate Tribunal held that the provisions of the Act of 1992 are number attracted and companysequently, dismissed the appeal.
The respondent No.1 took out Miscellaneous Application for impleading the Custodian as a party.
It was companytended by the respondent No.1 before the Debts Recovery Tribunal that the custodian under the Act of 1992 had to be joined as necessary party as the respondent No.1 had been declared as a numberified party under the said Act.
Aggrieved against the said order the respondent No.1 preferred an appeal before the Debts Recovery Appellate Tribunal hereinafter to be referred to as the Appellate Tribunal .
K. MATHUR, J. Leave granted.
This appeal is directed against the order dated 17.1.2006 passed by the Division Bench of the Bombay High Court whereby the Division Bench has held that since the property of the respondent No.1 has been seized under the Special Courts Trial of Offences Relating to Transactions in Securities Act,1992 hereinafter to be referred to as the Act of 1992 , the Debts Recovery Tribunal had numberjurisdiction to grant a declaration that the properties of a numberified person stand charged and the certificate against such properties cannot be executed by the Recovery Officer under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 hereinafter to be referred to as the Act of 1993 and the financial institution would have to move the Special Court in respect of the property attached.
Brief facts which are necessary for disposal of this appeal are that the respondent No.1 was declared as a numberified party on 6.10.2001.
Therefore, the Debts Recovery Tribunal had numberjurisdiction to deal with the matter.
