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2016 Supreme(Guj) 309

AKIL ABDUL HAMID KURESHI, Z.K.SAIYED
Ritesh Oil Mills P. Ltd. – Appellant
Versus
Dena Bank – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Masoom K. Shah and Vishwas K. Shah, Advocates
For Respondents/Defendant:S.S. Panesar, Advocate

JUDGMENT:

Akil Abdul Hamid Kureshi, J.

1. The petitioners have challenged the judgment dated 29.11.2013 passed by the Debts Recovery Appellate Tribunal, Mumbai ('DRAT' for short) in following background;

2. The petitioners are borrowers. Having taken loan from the respondent No. 1 Dena Bank, they failed to repay the same. Dena Bank therefore filed Original Application No. 319 of 1998 before he Debt Recovery Tribunal, Ahmedabad ('DRT' for short) for recovery of such unpaid dues with interest. In such Original Application the DRT passed a decree for a sum of Rs. 56,39,015.51 ps. On the basis of such decree a recovery certificate was also issued by DRT in favour of the bank. The Recovery Officer thereupon initiated recovery proceedings against the petitioners. One of the properties of the petitioner, namely, land bearing block No. 278-paiki admeasuring 3631 sq.mtrs., of Village : Gadhoda, Taluka : Himmatnagar, alongwith factory building thereon came to be attached by the Recovery Officer on 9.9.2003. The Recovery Officer thereafter put the property to auction. Earlier auction attempts having failed, a fresh attempt was made in September, 2009. On 22.9.2009, the Recovery Officer noted tha
























































































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