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RAJENDRA MENON, V.KAMESWAR RAO
Myna Homes Pvt. Ltd. – Appellant
Versus
Union Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mukul Gupta, Mr. Vibhor Gara, Mr. Deepanshu Panwar, Mr. Saurabh Sapra, Mr. Sumit Mishra.
For the Respondent: O.P. Gaggar.

JUDGMENT :

V. KAMESWAR RAO, J.

1. This petition has been filed by the petitioner Company challenging the orders dated November 15, 2016 and December 21, 2016 whereby the DRAT has directed the petitioner to pre-deposit 50% of the amount demanded by the Bank in its notice under Section 13(2) of the SARFAESI Act and on failure on the part of the petitioner to deposit the said amount, dismissed the Misc. Appeal No. 367/2016.

2. Some of the relevant facts are, the respondent No. 2 had taken a loan of Rs. 7 Crores from the respondent No. 1 Bank and mortgaged the property being No. U-29, Green Park Main, New Delhi. It appears that subsequent thereto, the respondent No. 2 Ms. Preeti Bansal entered into a Collaboration Agreement with the petitioner on June 03, 2015 with respect to re-construction and development of the said property. Ms. Preeti Bansal failed to repay the loan, which resulted in the respondent No. 1 Bank initiating action under the SARFAESI Act. It is a conceded position that Ms. Preeti Bansal has not challenged the notice issued by the respondent No. 1 Bank under Section 13(2) of the SARFAESI Act.

Rather, it is the petitioner through its Director, Maneet Singh Bhatia had filed









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