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2021 Supreme(Jhk) 707

RAJESH SHANKAR
Bhasker Electric Company – Appellant
Versus
Central Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sudarshan Srivastava.
For the Respondents: Mr. P.A.S. Pati, Mr. Sumeet Gadodia.

ORDER :

1. The present writ petition has been filed for quashing order dated 10.04.2019 passed by the Debt Recovery Appellate Tribunal, Allahabad in Appeal Serial No. 31 of 2018, whereby the appeal preferred by the petitioner under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the SARFAESI Act 2002”) against the order dated 27.02.2018 passed by the Presiding Officer, Debts Recovery Tribunal, Ranchi in S.A. No. 13 of 2018 has been rejected. Further prayer has been made for quashing the Sale Certificate dated 23.02.2018 issued in favour of the respondent no. 7 pursuant to e-auction sale held on 16.02.2018.

2. The factual background of the case as stated in the writ petition is that the petitioner being a partnership firm availed credit facilities of Rs. 110 lakhs sanctioned by the respondent-bank on 10.11.1997 which was subsequently enhanced to Rs. 120 lakhs on 16.02.1999 and further enhanced to Rs. 147 lakhs on 14.09.2000. Thereafter, the said limit was reduced to Rs. 120 lakhs on 01.04.2002. One of the partners of the petitioner namely, Rajendra Singh, husband of Sushma Devi stood as

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