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2023 Supreme(Guj) 1000

SONIA GOKANI, SANDEEP N. BHATT
Ambica Buildcon – Appellant
Versus
Recovery Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vijay H. Patel.
For the Respondents: Bhaskar Sharma, Trupesh Kathiriya.

JUDGMENT :

SANDEEP N. BHATT, J.

1. The petitioner is before this Court seeking quashment of the attachment in revenue record by respondent No. 4 vide Revenue Entry No. 6209 dated 20.09.2018, which is certified on 25.10.2018 and further seeking direction by holding that the petitioner is an absolute owner of the property in question with legal and valid title as once purchased under the public auction.

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

    2.1 The property in question, being a ‘secured asset’ was put for the public e-auction on 27.04.2022 by the respondent no. 1-The Recovery Officer-I, DEBT Recovery Tribunal-II, Ahmedabad due to the default committed by the borrower/mortgagor, after taking the possession of the property, under the Recovery of debts due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as “RDDBI Act”) Act.

2.2 The petitioner purchased the said property in the said public e-auction conducted by respondent no. 1 for a sale consideration of Rs. 13,75,00,000/- and the respondent no. 1 issued a sale certificate in favour of the petiti

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