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2005 Supreme(Kar) 35

N.KUMAR
ACTIS TECHNOLOGIES PRIVATE LIMITED, MUMBAI – Appellant
Versus
CANARA BANK, J. C. ROAD, BANGALORE – Respondent


N. KUMAR, J.

( 1 ) THE subject-matter of these writ petitions is the entire first floor of property bearing No. 73/3, situated at Nandidurga Crescent Road, bangalore-46, measuring 1500 sq. feet. The Recovery Officer has brought this property for sale as per Annexure-A for recovery of a sum of rs. 1,33,61,383/- in pursuance of a Recovery Certificate issued by the debt Recovery Tribunal in terms of a decree passed against M/s. ABN granites Limited. The petitioner contends that the said property never belong to M/s. ABN Granites Limited, and it was never mortgaged to the bank as a security for payment of loan amount. In fact, before purchasing this property the petitioner got a paper publication issued calling upon any person who has interest to come forward and state so. When there was no claim from any quarter he proceeded to purchase the property under a registered sale deed dated 8-8-1996 as per Annexure-H from its Vendor, for a valuable consideration. The Katha has been made out in the name of the petitioners and they have been paying the tax. The petitioner is in possession of the property and therefore it is contended that the Sale Certificate issued by the Recovery Officer is o







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