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2021 Supreme(J&K) 333

Col Nature Fabrications – Appellant
Versus
Punjab and Sind Bank – Respondent


Advocates Appeared:
For the Appellant : Raghu Mehta
For the Respondents: Ajay Gandotra

JUDGMENT :

Pankaj Mithal, C.J.

1. All the above petitions are identical in nature and arise out of the proceedings for sale/e-auction of the mortgage property, hence they have been taken up together with the consent of the learned counsel for the parties.

2. Learned counsel for the parties addressed the court on the basis of the facts narrated in writ petition W.P. (C) No. 108/2021 titled M/s. Col Nature Fabrications and another v. Punjab and Sind Bank and another. Accordingly, we treat the aforesaid petition as the leading one and considering the facts as appearing therein proceed to decide all four of them together.

3. We feel it appropriate only to narrate the facts of the aforesaid leading petition so as to adjudicate upon the points raised by either of the parties.

4. It appears that the petitioner took financial assistance from the Punjab and Sind Bank in the year 2012 and defaulted in its return as per the terms and conditions. Accordingly, the account of the petitioner was declared as non-performing-asset (NPA) on 30.06.2014 and the Bank proceeded to realize the dues from the mortgaged property which happened to be an open plot of Khasra No. 666/295 min village Kaithpur, Salmeri

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