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2024 Supreme(Jhk) 289

SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
UCO Bank – Appellant
Versus
Shakti Kumar Agarwal – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. P.A.S. Pati, Advocate
For the Respondent:Mr. Anish Kr. Mishra, Mr. Jalisur Rehman, Advocate

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. The instant intra-court appeal is under Clause-10 of Letters Patent directed against the order dated 20.07.2023 passed in W.P.(C) No.5387 of 2018, whereby and whereunder, it has been observed that the Bank is no longer holder of claim of recovery through the land which has been mortgage by the borrower for the purpose of advance.

Facts

2. The brief facts of the case, as per the pleading made in the writ petition, are required to be enumerated, which read as under:-

3. It is the case that the writ petitioner being the local resident of Ramgarh came across with the advertisement dated 26.05 2017 published under the authority of the Authorised Officer UCO Bank whereby the immovable properties as detailed in the said advertisement was put on e-auction sale to be conducted on 26.06.2017.

4. In the said advertisement for e-auction sale notice the details of four immovable properties which were put on e-auction sale was given out of which the petitioner expressed his intention to purchase the property mentioned at serial no.1 having RS Plot No. 399, 449 sub plot no. 399, 449/2, Khata No. 36, deed no 2635/2349/2006 dated 18.02.2006, area 6 decimal, Th

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