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2022 Supreme(P&H) 728

M. S. RAMACHANDRA RAO, HARMINDER SINGH MADAAN
Llovegeet Dhuria – Appellant
Versus
State Bank Of India – Respondent


Advocates:
Mr. Mukand Gupta, Advocate for the petitioner., for the Appellant; Mr.Rakesh Gupta, Advocate for the respondents., for the Respondent

JUDGMENT

M.S. Ramachandra Rao, J. - The background facts The petitioner is an Auction Purchaser in an e-auction held on 25.11.2021 of the subject secured asset which is a double storey residential house measuring 432 sq. yards situated in Gali No.11, Bhagu Road, Bhatinda, offered as a security by its borrower M/s Meridian Milk Products, a partnership firm.

2. The petitioner had quoted 67,37,000/- and had remitted 16,09,250/- i.e. 25% of the said amount, and he was to pay the balance of 48,27,750/- by 10.12.2021.

3. On 08.12.2021, the petitioner sent an e-mail to respondent No.2 stating that he came to know from the external sources that there is a stay order/litigation order in respect of the property put to sale, that the Bank had not revealed this fact in any communication, and asking respondent No.2 to confirm that there is no litigation or stay order or any other legal aspect pending against the said property.

4. The Chief Manager of the State Bank of India, SARB, Ludhiana (respondent No.2) replied to the petitioner stating that borrower had filed a Writ Petition against the SBI in this High Court, but there was no stay granted in respect of the subject property. The petitioner the

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