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2022 Supreme(SC) 578

M. R. SHAH, B. V. NAGARATHNA
R. S. Infra-Transmission Ltd. – Appellant
Versus
Saurinindubhai Patel – Respondent


Advocates Appeared:
For the Appellant : Mr. Kuriakose Varghese, Adv. Mr. Surya Prakash adv. Mr. Dheeraj Varma, Adv. Ms. Astu Khandelwal, Adv. Mr. V. Shyamohan, AOR
For the Respondent: M/s. S.M. Jadhav And Company, AOR Mr. Nikhil Goel, AOR Mr. Pranab Kumar Mullick, AOR Mrs. Soma Mullick, Adv. Mr. Sebat Kumar Deuria, Adv. Mr. Neeraj Shekhar, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.12.2015 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No. 17981 of 2015 by which the High Court has allowed the said petition preferred by the respondent Nos. 1 and 2 herein – original writ petitioners before the High Court and has set aside the order passed by the Debts Recovery Appellate Tribunal, Mumbai (hereinafter referred to as “DRAT”) dated 07.09.2015 in Appeal No. 223 of 2007 and has consequently confirmed the sale in favour of the original writ petitioners, respondent No.5 – subsequent purchaser – M/s. R.S. Infra-Transmission Ltd. has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under :-

2.1 A Bank namely, IndusInd Bank Ltd. (hereinafter referred to as the “Bank”) filed an O.A. bearing No. 424 of 1999 before the Debt Recovery Tribunal, Ahmedabad (hereinafter referred to as “DRT”) on 25.05.2006 for recovery of debt and enforcement of security against the original respondent Nos. 3 to 5 (original borrowers). Recovery Certificate bearing RP No.153/2006 was issued in favour of the Bank for recove

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