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2013 Supreme(All) 542

SUDHIR AGARWAL
RAMJI SINGH PROPERTIES AND HOTELS – Appellant
Versus
DEBTS RECOVERY APPELLATE TRIBUNAL – Respondent


Advocates:
Counsel :
Satish Chaturvedi and Sandeep Chaturvedi for the Petitioner; Bharat Pratap Singh, Bhanu Bhushan Jauhari and S.N. Pandey for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—With the consent of learned counsel for the parties, this Court heard the matter finally at this stage under the Rules of the Court and the same is being decided by this judgment.

2. The writ petition is directed against the order dated 14.12.2011 passed by Debt Recovery Appellate Tribunal, Allahabad (hereinafter referred to as “DRAT”) in appeals No. R-22 of 2011, R-23 of 2011, R-24 of 2011 and R-25 of 2011 whereby all the four appeals filed by Ballia Etawah Gramin Bank (hereinafter referred to “BEG Bank”) have been allowed. The petitioner has also challenged order dated 5.1.2012 dismissing its review application.

3. The facts in brief giving rise to the present dispute are as under:

4. Certain property of M/s Vidya Mandir Press, Varanasi comprise of plot No. 222/3 measuring about 0.36 decimal situated in Mohalla-Habibpura (now Pishachmochan) was auctioned publically on 4.1.1983, pursuant to recovery of labour dues. Respondent No. 8 Dr. Ramji Singh, Son of Late Vishwanath Singh was a successful bidder. The sale of aforesaid property was made absolute on 1.12.1985 in favour of respondent No. 8.

5. On 27.6.1988 a partnership deed was executed with a
































































































































































































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