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2007 Supreme(All) 544

R.P.MISRA, SHISHIR KUMAR
SYNDICATE BANK BODY CORPORATE – Appellant
Versus
STATE OF U. P. – Respondent


SHISHIR KUMAR, J.

( 1 ) THE present writ petition has been filed for quashing the order-dated 8. 2. 2006 passed by respondent no. 3, Annexure-1 to the writ petition, further prayer is to issue a writ in the nature of certiorari quashing the orders dated 10. 2. 2006 passed by respondent no. 4, Annexure-2 to the writ petition and 15. 2. 2006 passed by respondent no. 3, Annexure-12 to the writ petition. The further prayer is also to issue a writ in the nature of mandamus commanding the respondents to hand over the possession of the entire premises situate at A-1, Sector-59, Noida.

( 2 ) THE facts arising out of the writ petition are that the petitioner, who is a nationalized bank, in usual course of business, granted a term loan of rs. 3 Crores to respondent no. 7. A copy of the agreement dated 10. 2. 2003 between the petitioner and respondent no. 7 has been filed as Annexure-3 to the writ petition. The said hypothecation agreement was in respect of plant and machinery as well as all the other fixed assets. So far as 158 sewing machines and 13 embroidery machineries are concerned, the petitioner has a first charge upon the said assets whereas in respect of all other fixed assets, the




















































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