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2006 Supreme(Del) 408

MADAN B.LOKUR
GARGYA RESEARCH INSTRUMENTS – Appellant
Versus
STATE BANK OF INDIA – Respondent


MARKANDEYA KATJU, C. J.

( 1 ) THIS writ petition has been filed for quashing the impugned order dated 23. 1. 2006 in Miscellaneous Appeal No. 227/2005 and for a writ of mandamus directing the respondents not to dispossess the petitioner from the mortgaged property at C-12, Site-IV, Sahibabad Industrial Area, Ghaziabad, U. P. The petitioner also prayed for a mandamus directing the respondents to settle the matter between the petitioners as per the guidelines on the Rehabilitation/ots scheme and not to proceed further for confirming the auction sale.

( 2 ) HEARD learned counsel for the parties.

( 3 ) THE facts of the case have been set out in paragraph 3 of the writ petition which we have perused.

( 4 ) THE petitioner No. 2 is a sole proprietor of petitioner No. 1 and is running a small scale industry for manufacturing various electrical and electronic products.

( 5 ) THE petitioners had approached the respondent/state Bank of India, and since 1972 was sanctioned and granted various working capital facilities (both fund based and non-fund based) for its working capital requirements in respect of its business in its factory at C-12, Site-IV, Sahibabad Industrial Complex, U. P which wa





































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