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2023 Supreme(Guj) 98

SONIA GOKANI, SANDEEP N. BHATT
State Bank of India – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms Dharmishta Raval
For the Respondent: Mr Trupesh Kathiriya, AGP

JUDGMENT :

SANDEEP N. BHATT, J.

1. The petitioners are before this Court challenging the action of respondent No.2 in executing the Sale Deed No.10447 of 2018 dated 04.09.2018 in favour of respondent No.3, who is the purchaser of the property i.e. non-agriculture land situated at Mouje : Moraiya, Taluka and District : Ahmedabad, Sub-District : Sanand, Survey No.396 Paiki 1, Sub-Plot No.66 admeasuring about 2600 sq.mtrs., together with the construction standing thereon, belonging to M/s. Atrium Infocomm Private Limited – the original borrower, and further to direct the respondents No.1 and 2 – State Tax Authorities to transfer the amount of Rs.1,74,00,000/- to the petitioners recoverable towards sale of the property in question, with interest, and further to restrain respondent No.3 – purchaser from depleting, transferring, encumbering, alienating or in any way dealing with the property in question.

2. This Court has, on 18.01.2023, after hearing the learned advocates for the respective parties at length, passed the following order.

    “1. The petitioner No.1 is a State Bank of India,

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