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2023 Supreme(SC) 1007

ANIRUDDHA BOSE, BELA M. TRIVEDI
Union Bank Of India – Appellant
Versus
Rajat Infrastructure Pvt. Ltd. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. O. P. Gaggar, AOR
For the Respondent(s): Mr. Rishi Sehgal, Adv. Mr. Nikhil Jain, AOR Mr. Keshavam Chaudhri, Adv. Ms. Arveen Sekhon, Adv. Ms. Hargun Sandhu, Adv. Ms. Nikita Gill, Adv. Ms. Divya Jain, Adv. Ms. Monika Dhingra, Adv. Ms. Mrinmayee Sahu, AOR Mr. Birendra Kumar Mishra, AOR Mr. Samman Vardhan, Adv. Ms. Poonam Atey, Adv. Mr. Hemendra, Adv. Mr. Sirajuddin, Adv. Mr. Dushyant A. Dave, Sr. Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Aditya Kr. Choudhary, Adv. Mr. Gurmehar Vaan Singh, Adv. Mr. Sandeep Pandey, Adv. Mr. Rajesh Singh Chauhan, AOR Mr. Siddhartha Sinha , AOR Mr. Tushar Singh, AOR

JUDGMENT :

BELA M. TRIVEDI, J.

1. M.A. No.1735 of 2022 is filed in the Civil Appeal No.1902 of 2020 (arising out of Special Leave Petition (Civil) No.28608 of 2019), by the Applicant (original Respondent No.6-M/s. Sunview Assets Pvt. Ltd.) seeking directions to Union Bank of India (original Appellant) to issue Sale letter in favour of the Applicant in respect of the property bearing House No.7, Survey No. Old 168 and 169 (New No.306 & 307) of Village Palasiayana, Manormagank, Tehsil and District Indore admeasuring 109754 Sq. Ft. (2.18 Acres) (hereinafter referred to as the ‘Subject Property’) on the ground that the Applicant/ Auction Purchaser has made the full and final payment of the auction amount alongwith interest in terms of the order dated 12.05.2020 passed by this Court in M.A. No.922 of 2020.

2. The chequered history of the long-drawn litigation between the parties may be summarized as under: -

(i) The appellant in the Civil Appeal No.1902 of 2020 is a bank, a body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. The Respondent No.1-Rajat Infrastructure Pvt. Ltd. claimed to be the owner of the Subject Property, the Respond


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