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2016 Supreme(SC) 880

ANIL R.DAVE, L.NAGESWARA RAO
STATE BANK OF PATIALA – Appellant
Versus
MUKESH JAIN – Respondent


JUDGMENT

ANIL R. DAVE, J.

1. Being aggrieved by the judgment dated 8th April, 2005 delivered in Civil Revision Petition No.242 of 2004 by the High Court of Delhi, this appeal has been filed by the appellant, whose application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 had been rejected by the trial Court and being aggrieved by the order of rejection dated 9th February, 2004, the aforestated Civil Revision Petition was filed before the High Court, but the said Civil Revision Petition was also rejected by the impugned order and therefore, this appeal has been filed.

2. The facts giving rise to the present litigation, in a nutshell, are as under:

The appellant is a nationalized bank which had lent Rs.8,00,000/-(Rupees eight lakh) to respondent no.1 by way of a term loan on certain conditions and so as to secure the said debt, respondent no.1 debtor had mortgaged his immovable property forming part of premises bearing no.C-8/298, Yamuna Vihar, Delhi. As respondent no.1 committed default in re-payment of the said loan, the appellant initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security





































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