SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(P&H) 997

SANJAY KISHAN KAUL, AUGUSTINE GEORGE MASIH
Gobinder Kaur – Appellant
Versus
Punjab National Bank – Respondent


JUDGMENT

SANJAY KISHAN KAUL, J.

Rule DB.

2. Learned counsel for respondents accept notice.

3. At request of learned counsel for the parties, the petition is taken up for final disposal.

4. The respondent No. 3-M/s Divpreet Organics Ltd. availed of a loan facility from respondent No. 1-Bank on 9.7.1997 which loan was secured by the mortgage of the residential house C-56, Ganesh Nagar, New Delhi, owned by the deceased father of the petitioners. The loan went into default with a result that the respondent-Bank filed Original Application for recovery of Rs.51,53,123/- against respondent No. 3-Company while also impleading late father of the petitioners. Only two legal heirs of late father of the petitioners are stated to have been impleaded without impleading the others and this suit was decreed on 2.11.2004.

5. A second set of proceedings was initiated by the respondent-Bank under Section 13(2) the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the said Ac) against the mortgaged property on 16.12.2003. It appears from the petition that thereafter there was silence and a second notice under Section 13(2) of the




































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top