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2014 Supreme(Del) 1940

SANJIV KHANNA, V.KAMESWAR RAO
Anil Kumar Batla – Appellant
Versus
Allahabad Bank – Respondent


Advocates Appeared:
For the Petitioners:Sanjiv Kakra, Amrendra K. Singh, Irfan Ahmed, Advocates.
For the Respondents:R1, Puja Dewan, R2, Mithilesh Kumar, R3 to R5, S.S. Tripathi, Advocates.

Judgment :

V. Kameswar Rao, J.

1. The challenge in this writ petition is primarily to the judgment dated January 13, 2014 passed by the Debt Recovery Appellate Tribunal (“Appellate Tribunal? in short), Delhi, disposing of two appeals, numbers being 447/2010 and 50/2011 in S.A.47/2008 filed by the petitioners herein namely Anil Kumar Batla and Randhir Singh Yadav and Smt. Archana Mishra, the respondent No.2 herein, respectively, whereby the Appellate Tribunal allowed the Appeal No.50/2011 and S.A.No.47/2008 in favour of the respondent No. 2 and consequently, dismissed the Appeal No. 447/2010.

2. Some of the relevant facts are, in the month of February, 2004, the respondent No. 1-bank has sanctioned a credit facility of Rs. 2.10 Crores to M/s. Sudha Fashions Pvt. Ltd. Smt. Archana Mishra, respondent No. 2 herein stood as a guarantor and mortgaged her property bearing No.353, Sector 19, Faridabad, Haryana. One Ashok Kumar Dubey, also stood guarantor and mortgaged his property. On failure to repay the loan amount, the respondent No. 1-bank had declared the Account as Non- Performing Asset (NPA) on May 31, 2006 and thereby issued a demand notice under Section 13(2) of the Securitization





































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