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2021 Supreme(P&H) 1583

JASWANT SINGH, GIRISH AGNIHOTRI
Morion Chemicals Ltd. , Chandigarh – Appellant
Versus
UCO Bank, Chandigarh – Respondent


Advocates Appeared:
S/Sh. Manish Kumar & Yash Pal Gupta, Advocates, for the Appellant, Mr. Anupam Gupta, Senior Advocate, S/Sh. Sanjiv Gupta (KKR), Gautam Pathania, Sukhpal Singh, Advocates, Mr. Manish Jain, Advocate, Mr. Aalok Jagga, Advocate, for the Respondent.

ORDER

Jaswant Singh, J. - Petitioner No. 1 is a defaulter borrower Company and is aggrieved of the order dated 04.06.2013 (Annexure P-9) passed by Debts Recovery Appellate Tribunal (in short "DRAT") under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "Act, 2002"), vide which its Appeal No. 33 of 2012 has been dismissed, while the Appeal No. 437 of 2011 filed by respondent No.6 (Auction Purchaser) and Appeal No.438 of 2011 filed by respondent No. 1 to 3 (secured creditors and its officers) has been allowed and the order of the Debts Recovery Tribunal (in short "DRT") dated 15.12.2011 (Annexure P-7) passed in SA No. 31 of 2008, filed by the petitioners (defaulting borrowers) has been set aside. As a result of thereof, sale conducted by respondent No. 1 (secured creditor) in favour of the auction purchaser (respondent No. 5) has been upheld, which was set aside by the DRT vide its order dated 15.12.2011 (P-7).

2. Briefly, the undisputed facts of the instant case are that petitioner No. 1 is a borrower Company, whereas petitioner Nos. 2 & 3 are its Directors. It had availed credit facili

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