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S.N.H.ZAIDI
Ram Pal & Associates – Appellant
Versus
Rahul Motors – Respondent


Counsel for the Parties:
For the Appellants in Appeal No. 33 of 2010:Ms. Kavita kapil and Mr. Dhananjay kumar Singh, Advocates
For the Appellants in Appeal No.42 of 2010: Mr. Charanjeet Bhalla, In Person
For the Respondent Nos. 1 to 3:Mr. Muneesh Malhotra, Advocate
For the Respondent Nos. 4 to 5:Mr. Pallav Saxena, Advocate
For the Respondent No.6:Mr. Jagdeep Kishore, Advocate
For the Respondent No.7:Mr. Sanjeev Kakra, Advocate
For the Respondent Nos. 8 and 9 in Appeal No.33 of 2010:Mr. B. Diwakar, Advocate

JUDGMENT

S.N.H. Zaidi, Chairperson—These appeals have been directed against the order dated 22.12.2009 of DRT-I, Chandigarh whereby S.A. No. 30/ 2007 has been allowed and the sale of the secured assets in favour of the appellants conducted by the Bank has been set aside with the finding that its sale to the auction purchasers was illegal. Although both the appeals were heard separately, yet the same are being disposed of by a common order.

2. The facts giving rise to these appeals, in brief, are that respondent No.4 Bank had sanctioned a credit facility to respondent No. 1 company qua which respondent Nos. 2 and 3, the proprietorship firms respectively of Smt. Anita Goel and Mr. Krishan Goel, had mortgaged its properties, bearing plot No. 16 (southern side) measuring 78 sq. yds., situated at Scheme No. 19, Tehsil Road, Rohtak and 2/3 share of plot No. 18 measuring 161.33 sq. yds. out of total 242 sq. yds., situate at Scheme No. 19, Subhash Park, Rohtak with constructions standing thereon. Another plot of land measuring 1 Kanal 6 Marla of Khewat No. 662 Min., Khasra No. 125/l5/l Min. (West side), situated in village Bhiwani Jonpal-l, Tehsil and District Bhiwani, registered vide sale


















































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