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2023 Supreme(P&H) 2093

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

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 respondent No. 3.

4. Resultantly, the earlier application under Order 1, Rule 10 of the CPC (CM-3914-CWP-2023) has been rendered infructuous.

5. A perusal of the amended writ petition would also now go on to show that the sale cert

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