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2016 Supreme(Del) 2144

PRADEEP NANDRAJOG, MUKTA GUPTA
RAJ KUMAR VIJ – Appellant
Versus
KOTAK MAHINDRA BANK – Respondent


Advocates Appeared:
Ms. Kanika Agnihotri, Mr. Vaibhav Agnihotri and Mr. Ravneet Kaur, Advocates.
Ms. Pratiti Rungta, Advocate for R-1.
Mr. Mukesh M. Goel, Advocate for R-2.

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. We must begin with an apology for recording the facts which may be a little blurred or slurred but we cannot be faulted inasmuch as the impugned orders passed are sketchy and so are the pleadings. We find traces of relevant facts scattered here and there, but sufficient to be picked up for a decision and not a remand. One Champa Bhen Kundia and her son Chandu Bhai appear to be scamsters of the first order. The mother was the owner of the perpetual lease-hold rights in property bearing Municipal No.2/22, Old Rajinder Nagar and on 28/29.04.2000 she executed a general power of attorney in favour of her son authorizing him to sell the building constructed on the plot and on June 16, 2001 she created an equitable mortgage by deposit of title deed of the property availing a loan in sum of Rs. 13,00,000/- from M/s.Associated Finance Pvt. Ltd., a debt which was assigned to Kotak Mahindra Bank Ltd. But in between the basement was sold by her through her son to one Satnam Singh who in turn, under an agreement to sell dated April 23, 2001, receiving full sale consideration from the writ petitioner, handed over possession of the basement to the petitioner. O












































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