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2022 Supreme(P&H) 685

M. S. RAMACHANDRA RAO, HARMINDER SINGH MADAAN
Shri Santosh Saw Mill – Appellant
Versus
Allahabad Bank – Respondent


Advocates:
Mr. Ashish Aggarwal, Senior Advocate, assisted by Mr. Karan Singla, Advocate for the petitioners., for the Appellant; Mr. Sumit Batra, Advocate, for the respondent-Allahabad Bank. Mr.Sunil Chadha, Senior Advocate, assisted by Mr. Saurav Kanojia, Advocate for the respondent No.5., for the Respondent

JUDGMENT

M.S. Ramachandra Rao, J. - Since these two writ petitions are between the same parties and common questions of fact and law arise for consideration, they are being disposed of by this common order.

2. The background facts Petitioner No.1 is a proprietory concern and petitioner No.2 is its proprietor. The subject matter of these Writ Petitions is property bearing W-9, Industrial Area, Yamuna Nagar, Haryana. This property was purchased under a register sale deed dt.15.10.1971 in the name of Santosh Kumar Aggarwala (Respondent No.4) by his late father Sukhdeo Prosad Aggarwala. Initially, the petitioner No.1 was a partnership firm constituted under a partnership deed dt.03.01.1972 (P-1) with Sajjan Kumar Aggarwala (brother of respondent No.4), petitioner No.2, Smt. Shanti Devi Aggarwala and Smt. Kusum Devi Aggarwala. The firm started business on the above property with the consent of respondent No.4.

3. According to petitioner No.2, on 16.06.1987, the other partners of the firm executed a general power of attorney in his favour authorizing him to sell, mortgage, lease or otherwise dispose of the said plot. In 1989-90, a loan was taken by respondent No.3 firm and respondent No.4 f

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