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2022 Supreme(Raj) 2809

SUDESH BANSAL
IFCI Ltd. – Appellant
Versus
Satyatej Mercantile Pvt Ltd. – Respondent


Advocates Appeared:
Mr. J P Goyal, Sr. Advocate assisted by Ms. Jyoti Swami, Advocate, for the Appellant; Mr. R K Mathur, Sr. Advocate assisted by Mr. Ram Prasad Sharma, Advocate, for the Respondent.

ORDER

1. Appellant-Defendant has moved application (I.A.No.1/2022), stating inter alia that appellant-IFCI Limited is a Government of India undertaking and Public Financial Institution, which has preferred this first appeal, assailing the judgment and decree dated 12.02.2019, whereby and whereunder suit for payment of Rs.18 lakhs and Rs.50,000/- per month continuously, as rent and warehousing charges, has been decreed against the appellant, on account of non-removal of 24 looms from the property of Modern Syntax (India) Limited, which was put in public auction under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, for which respondent-plaintiff stood highest bidder and therefore, after finalizing his bid, sale deed dated 20.11.2009 has been executed in favour of plaintiff. It has been stated that in execution of the impugned decree, respondent-decree holder has already recovered amount of Rs.68,58,555/- on 20.09.2019 and thereafter, again bank account of appellant has been attached for an amount of Rs.21,24,000/- vide order dated 10.10.2022 in execution proceedings by the Court of Additional District Judge No.1, Alw

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