JUDGMENT :

DEEPAK GUPTA, J.

1. M/s. Abhilasha Construction, Respondent No.3 herein (hereinafter referred to as R-3), obtained a loan from Shree Mahalaxmi Mercantile Coop Bank Ltd., Respondent No. 2 herein (hereinafter referred to as R-2), but failed to repay the loan and R-2 filed summary proceedings for recovery of the amount due to it from R-3 and Mukul Thakorebhai Amin, Respondent No.1 herein (hereinafter referred to as R-1), who was a partner in the said Firm. During the pendency of the suit, R-3 applied for release of 12 flats and 2 penthouses which were permitted to be released on the said respondents depositing Rs. 65 lakhs. However, Respondent Nos. 1 & 3 failed to deposit the said amount. On 12.08.2004, the adjudicating authority granted leave to the defendants to contest the suit on the condition that they would deposit 33% of the amount claimed by R-2. This amount was also not deposited. Thereafter, a decree for a sum of Rs. 1,89,94,105.50, was passed on 14.09.2004 in favour of R-2 and against the defendants which included Respondent Nos. 1 & 3. We have given the facts of Civil Appeal No.1643-1644 of 2020. As far as Civil Appeal No.1647 of 2020 is concerned, that relates to