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2023 Supreme(Guj) 100

SONIA GOKANI, SANDEEP N. BHATT
DINESHKUMAR MANEKLAL PATEL – Appellant
Versus
BANK OF BARODA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: VIJAY H. PATEL.
For the Respondent: FORAM TRIVEDI.

JUDGMENT :

SANDEEP N. BHATT, J.

1. The petitioners are before this Court seeking quashment of the attachment in revenue record by respondent No. 3 vide Revenue Entry No. 15661 and 18595 dated 22.09.2020 and further seeking direction by holding that the petitioners are the absolute owner of the property in question with legal and valid title as once purchased under the public e-auction.

2. The brief facts of the case are epitomized as under:

    2.1 The properties in question, being a ‘secured asset’ was put for the public e-auction by the respondent no. 1-Bank of Baroda due to the default committed by the borrower/mortgagor, after taking the possession of the property, under the SARFAESI Act.

2.2 The petitioners purchased the said properties in the said public e-auction conducted by respondent no. 1-Bank of Baroda on 12.5.2022 for a sale consideration of Rs. 2,21,14,810/- and the respondent no. 1-Bank issued a sale certificate in favour of the petitioners.

2.3 Thereafter, on 14.7.2022, the sale deed was executed in favour of the petitioner and the possession was handed over to the petitioners, free from all encumbrances by respondent No. 1-Bank.

2.4 After the execution of the sale deed, the p

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