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2017 Supreme(Del) 551

INDIRA BANERJEE, ANIL KUMAR CHAWLA
SYNDICATE BANK – Appellant
Versus
S. S. P. TRADEX PVT. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. V. Sudeer, Advocate with Ms. Monika Yadav, Advocate.
For the Respondent:Mr.B.S.Nagar, Advocate.

ORDER :

INDIRA BANERJEE, J

1. This is an application for review of a judgment and order dated 13.01.2017, whereby the writ petition filed by the applicant being W.P.(C) No.296/2017 has been dismissed.

2. The applicant, Syndicate Bank filed the said writ petition, inter alia, challenging an order of the Debt Recovery Appellate Tribunal, Delhi whereby the order of the Debt Recovery Tribunal –II, Delhi under appeal directing the applicant to refund Rs.2 cores to the respondent No.1 has been stayed, subject to deposit of demand draft of Rs.2 crores by the applicant with the Registrar of the Appellate Tribunal.

3. The applicant Bank, a nationalised Bank lent and advanced money to Nidhi Builders Pvt. Ltd., against the mortgage of property at Plot no.9, Dwarka, New Delhi, hereinafter referred to as the said property.

4. The Bank initiated proceedings against M/s. Nidhi Builders for recovery of its dues. In course of the proceedings, it was decided that the said property would be sold.

5. The respondent No.1 offered Rs.21.06 crores for purchase of the said property and deposited a sum of Rs. 2 crores by way of earnest money deposit.

6. The sale did not materialize. The respondent No.1 made an app









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