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NAVIN SINHA, VIKASH JAIN
Mukesh Golcha – Appellant
Versus
Kishore Kumar Sharma – Respondent


Counsel for the Parties:
For the Appellant:Mr. Mukund Jee, Mr. H.K. Sharan and Mr. Bimlendu Mishra, Advocates
For the U.B.I.: Mr. H.K. Saran
For the C.B.I.: Mr. Bimlendu Mishra
For the Respondent: Mr. Y.V. Giri and Mr. Nikhil Agrawal
For the Union of India: Mr. Anshuman Singh
For the Auction Purchaser: Mr. Mukundjee.

JUDGMENT

Navin Sinha, J.—The three appeals arise from order dated 29.11.2012 allowing CWJC No. 11553 of 2008 filed by respondent Nos. 1 to 4 (hereinafter referred to as the ‘respondent purchasers’). L.P.A. No. 185 of 2013 has been filed by the respondent auction purchaser. L.P.A. Number 833 of 2013 has been filed by the respondent-United Bank of India (hereinafter referred to as U.B.I.) L.P.A. No. 942 of 2013 has been filed by the respondent Central Bank of India (hereinafter referred to as C.B.I.).

The Learned Single Judge held that the builder M/s. Uttam Ghar Developers Pvt. Ltd (hereinafter referred to as ‘the builder’) or the respondent-purchasers had no knowledge of the mortgage and were not made aware that the construction was being raised on lands mortgaged to the two Banks. The building plan had been duly sanctioned by the Patna Regional Development Authority. The constructions were raised and the respondent-purchasers put in possession by the builder in 2001-2002 before the Banks filed O.A. applications under The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter called ‘the D.R.T. Act’) before the Debt Recovery Tribunal (hereinafter called th

























































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