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1998 Supreme(HP) 172

D.RAJU, LOKESHWAR SINGH PANTA
H. P. FINANCIAL CORPORATION – Appellant
Versus
HIMACHAL SHODDY MILLS LTD. – Respondent


Advocates Appeared:
Mr. Ajay Kumar Advocate. For the Respondents:Mr. Kuldip Singh, (for Nos. 4 & 5) and Mr. D.D. Sood, Sr. Advocate with Mr. Anuksh Sood, (for Nos 2 (a) & 2(b).

JUDGMENT

Lokeshwar Singh Panta, J.: The aforesaid two appeals have been taken up and heard together arising as they do out of a common order dated 25.11.1991 of the District Judge, Sirmaur District at Nahan dismissing the objection petitions under Order 21 Rule 90 of the Code of Civil Procedure filed by the appellants-decree holders and judgment debtors against the sale of the mortgaged property in favour of the respondents-auction purchasers Sh. Onkar : Singh and Sh. Narinder Singh Shah. Appeal No. FAO (Ord) 165 of 1992 has been filed by Himachal Pradesh Financial Corporation, Decree-holder-Objector and appellants Sh. Udey Gupta and Smt Rakhi Gupta are the Judgment -debtors-objectors in FAO No. 3 of 1993. In both the appeals same and similar questions of facts and law are involved, they would stand disposed of by this common judgment.

2. The relevant facts necessary for deciding these appeals may be stated as under:- The suit of appellant-Financial Corporation was decreed by the Court against the judgment-debtors M/s. Himachal Shoddy Mills Ltd. and others for the recovery of loan amount Execution petition under Sec. 31 of the State Financial Corporations Act, 1951 came to be filed b



















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