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2023 Supreme(P&H) 2490

G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
RNR Infrastructure Private Limited – Appellant
Versus
Central Bank of India – Respondent


Advocates Appeared:
Mr. Munish Jolly, Advocate; For the Appellant.
Mr. C.S. Pasricha, Advocate, and Mr. Satinder Pal Singh, Advocate; For the Respondents

Table of Content
1. securitization procedures against the guarantor. (Para 1 , 2 , 3 , 4 , 5)
2. jurisdictional constraints under articles 226/227. (Para 6 , 7 , 8 , 9 , 10)
3. relegation to alternative remedies. (Para 11 , 12)

JUDGMENT

G.S. Sandhawalia, J. (Oral)

The guarantor has challenged the securitisation proceedings initiated by the respondent-Bank which is on the basis of a loan which was in favour of M/s Swami Vivekanand Educational and Charitable Trust to the tune of Rs. 16.75 crores.

2. The said loanee is not a party in the present said proceedings. During the pendency of the proceedings, sale certificate dated 25.02.2022 whereby property was sold in favour of one M/s VKS Hytech Pvt. Ltd. was placed on record on 05.12.2022 and counsel was directed to implead the auction purchaser as a respondent party by filing an appropriate application.

3. In pursuance to that order an application under Order 6, Rule 17 CPC read with Rule 32 of Part-F, Chapter 4, Volume V of the Rules and Orders of the Punjab and Haryana High Court read with section 151 CPC (CM-19292-CWP-2022) has been filed for amendment of the writ petition, wherein the said auction purchaser has been arraigned as respond

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