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2021 Supreme(P&H) 1518

JASWANT SINGH, HARINDER SINGH SIDHU
Allahabad Bank – Appellant
Versus
District Magistrate, Ludhiana – Respondent


Advocates Appeared:
Mr. K.K. Goel, Advocate, for the Appellant, Mr. Navdeep Chhabra, Deputy Advocate General, Punjab, for the Respondent.

ORDER

Jaswant Singh, J. - The present application has been filed on behalf of Respondent No. 1 (District Magistrate, Ludhiana) and Respondent No. 3 Tehsildar (East), Ludhiana, seeking modification of the order dated 25.02.2020, which reads as under :-

Notice of motion to the respondents.

Mr. I.P.S. Doabia, Learned Additional Advocate General, Punjab, who is present in Court, accepts notice.

Learned counsel appearing on behalf of State of Punjab undertakes to hand over the possession to petitioner bank within 3 weeks from today after completing all the necessary formalities.

In view of the aforesaid, the petition is disposed off." [Emphasis supplied]

2. In brief, the facts which emerge from the pleadings are that M/s Creative Yarn Private Limited having its Registered Office at K-l, Textile colony , Industrial Area-A Ludhiana availed a Cash Credit facility of Rs 7 Crore from Allahabad Bank (now merged with Indian Bank). Mr. Anuj Kapoor executed a guarantee deed dated 15.01.2015 in favor of the bank for the aforesaid loan facility availed by the borrower company. He also created an equitable mortgage of Factory land and building built over MC No. B-XII-667 and B-XXIII -2119/A, measuring 17

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