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2015 Supreme(SC) 663

H. L. DATTU, S. A. BOBDE, ARUN MISHRA
Maharaji Educational Trust – Appellant
Versus
SGS Constructions & Dev. P. Ltd. – Respondent


Advocates:
Advocate Appeared:
Ranjit Kumar, S.G., A.M. Singhvi, Jayant Bhushan, K.V. Vishwanathan, Vikas Singh, Rajeev Dhavan, Advs., Krishnan Venugopal, Sr. Adv., Ashutosh Khaitan, Navpreet Singh Ahluwalia, Kanishk V. Shahi, Deepak Chawla, Adhish Sharma, Manoj Kumar, Umesh Kumar Khaitan,Rohit Kumar, A.K. Singh, B. Subrahmanya Prasad, Abhindra Maheshwari, Pankaj Singh, Ridhima Singh,Vishwajit Singh, Aarohi Bhalia, Mayank Gulati, Devadatt Kamat, Omita Unnarkar, M.Y. Deshmukh,Sujata Kurdukar, Rajesh Inamdar, Deepeika Kalia, Kapish Seth, Irshad Ahmad, Abhisth Kumar, Abhishek Kumar Singh, Somraj Choudhary, T. Harish Kumar and E.C. Agrawala, Advs.

JUDGMENT

Arun Mishra, J.

1. Leave granted in all the special leave petitions.

2. In the appeals the judgment and order dated 25.9.2013 passed by the High Court of Allahabad, Bench at Lucknow, has been questioned by Maharaji Educational Trust (for short 'the Trust'), U.P. Avas Evam Vikas Parishad (for short 'Avas Evam Vikas Parishad') and Housing and Urban Development Corporation (hereinafter referred to as 'HUDCO') whereby the High Court has directed the Avas Evam Vikas Parishad to demarcate 42.45 acres of the mortgaged land and 21 acres as unencumbered land out of total area of 63.45 acres in writ petition filed by SGS Construction & Development (P) Ltd. (for short 'Builder').

3. The factual matrix indicate that the Trust has taken a loan from HUDCO. The outstanding figure at present is stated to be approximately Rs. 433 crores. There was default in making the payment. The Trust had mortgaged the immovable properties mentioned from serial Nos. 1 to 5 and also the property at serial No. 6 which is in question in the present matter in an area of 63.45 acres of vacant land situated at village Akbarpur, village Behrampur and village Mirzapur, Pargana-Loni, Tehsil and District Ghaziabad. O






















































































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