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2020 Supreme(Ori) 177

S.K.MISHRA, BIBHU PRASAD ROUTRAY
Suprava Nayak – Appellant
Versus
HDFC Bank Ltd. – Respondent


Advocates Appeared:
For the Appellant : Ajodhya Ranjan Dash, B. Mohapatra, A. Mahanta and L. Achari
For the Respondents:S.K. Padhi, Sr. Advocate, Nalini Kanta Dash, D. Panda and S. Pradhan

JUDGMENT :

Bibhu Prasad Routray, J.

1. This writ petition has been filed by the petitioner with a prayer for issuance of a writ of certiorari to set aside the judgment and order dated 05.02.2019 (Annexure-4) passed by the learned Debts Recovery Appellate Tribunal, Kolkata in Appeal No. 121 of 2018, whereby the order dated 10.05.2018 passed by the Debts Recovery Tribunal, Cuttack in SA No. 01 of 2017 has been set aside.

2. The factual aspects of the case, as per the petitioner, in brief are that the petitioner is a bona fide purchaser of a piece of land measuring Ac. 0.073 dec. in plot No. 57 under Khata No. 1003 of Mouza Bhubaneswar Sahar Unit 35, Badagada (hereinafter called as the 'secured asset'). She purchased the same from one Khirod Pattnaik, Opp. Party No. 5 herein, by executing a sale deed dated 19.03.2010 (Annexure-2) upon payment of a consideration amount of Rs. 7,25,000/- (seven lakhs twenty five thousand), in pursuance to the agreement for sale, between them dated 22.11.2006. After purchasing the said land, she constructed a two storied building thereon after mutating the land in her favour and taking necessary permission from the Bhubaneswar Development Authority. She gav

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