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2012 Supreme(Raj) 1550

ALOK SHARMA
Habib Khan – Appellant
Versus
The Debt Recovery Tribunal – Respondent


For the Petitioner:Mr. Kapil Mathur, Advocate.
For the Respondent:Mr. Arvind Gupta and Mr. V.K. Jain, Advocates.

JUDGMENT

1. - The matter comes up on an application No.16539 dated 11.04.2012 filed by the petitioner under Article 226 of the Constitution of India for taking additional documents on record.

2. For the reasons stated in the application, the application is allowed and the documents are taken on record.

3. Heard the matter on admission.

4. The petitioner has approached this Court seeking a directed to restrain the respondents from dispossessing him from the land bearing Plot No.AMC No.69/1, village Rati Dang, Alakhnanda Colony, Ajmer.

5. The facts of the case are that Plot No.69/1, village Rati Dang, Alakhnanda Colony, Ajmer admeasuring 377.41 Sq. Mtr. was mortgaged with the State Bank of Bikaner & Jaipur (hereinafter 'SBBJ Bank') in the course of a credit facility availed by M/s Anita Syntex Pvt. Ltd. Jaipur. The plot in question was standing in the name of Shri Anil Modi who created equitable mortgage by deposit of title deed of the plot in question with the Bank.

6. That on account of default of the borrower M/s Anita Syntex Pvt. Ltd. in failing to discharge repayment obligations on account of credit availed from the Bank, an application for recovery of outstanding due as payable to t











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