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2020 Supreme(Del) 528

REKHA PALLI
Daiichi Sankyo Company, Limited – Appellant
Versus
Malvinder Mohan Singh – Respondent


Advocates Appeared:
Arvind K Nigam, Advocate, Arun Kathpalia, Advocate, Amit Mishra, Advocate, Mohit Singh, Advocate, Kanika Singhal, Advocate, Samridhi Hota, Advocate, Turab Kazmi, Advocate, Shivam Pandey, Advocate, Saloni Agarwal, Advocate, Kunal Chatterji, Advocate, Aditya Shanker, Advocate, Rohan Jaitley, Advocate, Suman Yadav, Advocate, Aditya Sarin, Advocate, Shobhit Ahuja, Advocate, Sonal Gupta, Advocate, Manu Bajaj, Advocate, Nitika Pandey, Advocate, Dhruv Mehta, Advocate, Anuj Berry, Advocate, Abhik Chakraborty, Advocate, Shikhar Mehra, Advocate, Keith Varghese, Advocate, Sanjay Jain, Advocate, Saleem Hasan, Advocate, Rohit Dahiya, Advocate, Aditya Dewan, Advocate, Siddharth Chechani, Advocate, Ferida Satarawala Chopra, Advocate, Aashish Gupta, Advocate, Varun Byreddy, Advocate, Akhil Sibal, Advocate, Varun Mishra, Advocate, Pradyuman Kaistha, Advocate, Vipin Tyagi, Advocate, Pratyush Miglani, Advocate, Nikhil Varma, Advocate, Smriti Varma, Advocate, Archana Lakhotia, Advocate, Basit K Zaidi, Advocate

JUDGMENT

Rekha Palli, J. - E.A. 625/2020, E.A. 668/2020 & E.A. 815/2020

    1. The present decision disposes of E.A. Nos. 625/2020, 668/2020 and 815/2020 all pertaining to the proposed auction by Yes Bank Limited (hereinafter referred to as ''the Bank'' or ''YBL'') of the parcel of land admeasuring 12 bigha out of the 2.5 acres of property owned by in Khasra Nos. 288-290 situated in the village of Gadaipur, Tehsil Hauz Khas, Mehrauli, New Delhi (hereinafter referred to as ''subject property'') which is owned by the Judgment Debtor No. 19 (JD-19). The first application, E.A. 625/2020 has been filed by the Decree Holder (DH) seeking to restrain the auction. The second application, E.A.668/2020 has been filed by YBL seeking modification of the order dated 26.02.2018 passed by this Court whereunder JD-19 was directed to maintain status quo with respect to all its assets. The third application, E.A.815/2020 has been preferred by M/s Fortis Hospitals Ltd.(FHsL) seeking impleadment in EA 625/2020 on the ground that being a creditor of JD-19, it also has a right over its assets and that all claims of FHsL arising therefrom ought to be considered before permitting sale of the subject property by

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