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MAHESH CHANDRA TRIPATHI
Shadhna Shukla – Appellant
Versus
Debts Recovery Appellate Tribunal – Respondent


Counsel for the Parties:
For the Petitioner:Udayan Nandan, Shashi Nandan, Advocates
For the Respondents: Ashok Bhatnagar, Kushal Kant, Prem Shanker, R.N. Singh, Raj Kumar Tiwari, S.C.

JUDGMENT

Mahesh Chandra Tripathi, J.—Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri Udayan Nandan, learned counsel for the petitioner, Sri Ashok Bhatnagar, learned counsel for respondent No. 2 and Sri Raj Kumar Tiwari, learned counsel for respondent No. 3.

2. By means of this writ petition, the petitioner has prayed for quashing the order dated 10.1.2012 passed by the Debts Recovery Appellate Tribunal, Allahabad (herein after referred as “DRAT”).

3. Brief facts giving rise to this writ petition are that Shri Ashutosh Kumar Srivastava the respondent No.4 is engaged in the business of Javik Fertilizer under the name and style of M/s Om Shanti Enterprises and had obtained credit facility of Rs.4.50 lacs from the Punjab National Bank, Kydganj Branch, Allahabad i.e. respondent No.2 for promoting his business. Shri Ladli Prasad Srivastava-the respondent No.3 had furnished the guarantee for repayment of bank dues and had mortgaged his residential house with the bank. It has been alleged that the respondent No.3 did not receive any notice or information from the bank regarding the classification of account as NPA and also averred that he did not have any knowledge about the

































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