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2018 Supreme(P&H) 3499

AJAY KUMAR MITTAL, AVNEESH JHINGAN
Harminder Singh – Appellant
Versus
Debt Recovery Tribunal-iii, Sector 17, Chandigarh And Others – Respondent


Advocates Appeared:
Harsh Garg, Adv., Rajnish K Jindal, Adv., K.P.S. Dhillon, Adv.

JUDGMENT

Avneesh Jhingan, J. - The present writ petition has been filed seeking quashing of order dated 04.04.2018 (Annexure P-10) whereby the application for restoration of Securitisation Application filed by the petitioner was dismissed.

2. Petitioner is the auction purchaser. Debts Recovery Tribunal-III, Chandigarh (hereinafter referred to as 'DRT'); Authorized Officer, Canara Bank, SME Branch, Cheema Chowk, Ludhiana; Canara Bank, Cheema Chowk, Miller Ganj, Ludhiana; UCO Bank, Miller Ganj Branch, Ludhiana, M/s Raman Forgings, Ludhiana; Harvinder Singh and Arvinder Singh have been arrayed as respondents No.1 to 7, respectively, in the writ petition.

3. The petitioner purchased property through open auction conducted by UCO Bank, Miller Ganj Branch, Ludhiana (hereinafter referred to as 'respondent-bank' ).

4. Respondent-Bank issued a sale certificate dated 15.03.2011 and subsequently sale deed was also registered on 05.04.2011 in favour of the petitioner. On the basis of sale deed, mutation was entered in favour of the petitioner by the revenue authorities.

5. Respondents No.5 to 7 availed a loan facility from respondent No.2 in the year 2008 and mortgaged following properties:

    (i)

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