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2014 Supreme(Del) 2667

RAJIV SAHAI ENDLAW
K. K Mehta & Anr. – Appellant
Versus
Paras Poly Films (P) Ltd. & Ors. – Respondent


Advocates Appeared:
For the Plaintiffs :Mr. Amiet Andlay & Mr. Arun K. Sharma, Advocates.
For the Defendant : None.

Rajiv Sahai Endlaw, J.:--

1. It is the case of the two plaintiffs:-

(i) that the defendant No. 1 Company of which the defendant No. 2 Shri Anil Kumar Jain is the Director/Chairman, is the owner of land ad measuring 6700 sq. yds. together with building, plant and machinery comprised in Khewat No. 60/41 min Khata No. 89 Rect. & Kill No. 21 & 42/2 situated in the Revenue Estate of Village Liwaspur, Distt. Sonepat; Haryana;

(ii) that the defendant No. 1 Company had, by mortgaging the said property, availed loan facilities from the defendants No. 3 Bank of India, Sonepat Branch and Senior Manager of which and Zonal Manager of Chandigarh Branch of which Bank have been impleaded as defendants No. 5&4 respectively (only by position and without giving any name);

(iii) that the defendant No. 1 Company was unable to repay the loan and loan account of the defendant No. 1 Company with the defendant No. 3 Bank became a ‘Non-Performing Asset’;

(iv) that in June, 2005 the defendants No. 4&5 together with the defendant No. 8 Mr. Anil Aggarwal, Sr. Manager of Bank of India, Sonepat approached the plaintiffs and their associate Mr. M.L. Goel impleaded as defendant No. 7, offering the aforesaid mortgaged p





























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