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2012 Supreme(All) 2196

DILIP GUPTA
Urmila Devi – Appellant
Versus
Debts Recovery Appellate Tribunal, Allahabad – Respondent


ORDER :

This petition seeks the quashing of the order dated 16th March, 2001 passed by the Debts Recovery Tribunal, Allahabad in Transfer Application No. 408 of 2000 by which the application filed by the Allahabad Bank for recovery of Rs. 35,56,192.46/- was decreed ex parte, the order dated 5th January, 2010 by which the application filed by the petitioners for recall of the order dated 16th March, 2001 was rejected by the Debts Recovery Tribunal, Allahabad and the order dated 17th July, 2012 passed by the Debts Recovery Appellate Tribunal, Allahabad by which the appeal filed by the petitioners for setting aside the order dated 5th January, 2010 passed by the Debts Recovery Tribunal, Allahabad was dismissed.

2. It transpires from the records of the writ petition that M/s. N.C. Carpet Company, a partnership firm with Saroj Sekhari, Rajat Sekhari, Vijay Kumar Sekhari and Rajendra Kumar Sekhari as partners, was sanctioned limit facilities by the respondent-Allahabad Bank and to secure the interest of the Bank, Vijay Kumar Sekhari mortgaged properties by deposit of title deeds of Plot No.235-Ka and Plot No. 3085. On account of the default in payment of the money, the respondent-Bank fil






































































































































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