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2015 Supreme(P&H) 30

R.P.NAGRATH
Arvind Gupta – Appellant
Versus
Indian Oil Corporation – Respondent


Advocates:
For the Petitioners:Mr. Akshay Bhan, Sr. Advocate with Mr. Santosh Sharma, Advocate.
For the Respondent No. 1:Ms. Harpriya Khaneka, Advocate.
For the Respondents No. 2:Mr. Akshay Jain, Advocate.

JUDGMENT

Mr. R.P. Nagrath, J.: - Petitioner is the auction purchaser of House No. 1490, Sector 9, Faridabad in the Court auction held on 09.08.2004 under the orders of Executing Court for a decree for recovery of money passed against respondent no. 2. Respondent no. 1-M/s Indian Oil Corporation is the decree-holder (DH). Petitioner has invoked the revisional jurisdiction of this Court under Article 227 of the Constitution of India seeking to set aside the order dated 15.06.2011 (Annexure P-7) passed by the executing court whereby applications filed by respondent no. 2-judgment debtor for setting aside ex parte order dated 04.05.2004 as well as application under Order XXI Rule 89 read with Rule 92 (though mentioned as Section 92) of the Code of Civil Procedure (CPC) for setting aside the sale, were allowed and the application of petitioner-auction purchaser for confirmation of the sale and delivery of possession was dismissed.

2. The facts, briefly stated, are that respondent no. 1 filed suit no. 721 of 1991 against respondent no. 2 for recovery of the amount of two loans which he obtained from his employer, namely; respondent no. 1. The amounts were borrowed by respondent no. 2-Jud





































































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