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2010 Supreme(All) 1107

V.K.SHUKLA
Vipin Kumar Kansal and another – Appellant
Versus
Debt Recovery Appellate Tribunal at Allahabad and others – Respondent


V.K. Shukla, J.: -

Present writ petition has been filed by the petitioners, questioning the validity of decision dated 27.07.2009 taken by the Chairperson of Debt Recovery Appellate Tribunal, Allahabad in Appeal No.770 of 2007 (Vipin Kumar Kansal and another vs. Bank of India and others) arising out of order dated 04.10.2006 passed by the Presiding Officer, Debt Recovery Tribunal, Lucknow.

2. Brief background of the case, as disclosed in the writ petition, is that Ghaziabad Improvement Trust granted lease in favour of Jamuna Das Gupta father of Santosh Kumar Jindal grandfather of Rajeev Kumar Jindal in respect of plot No. K.C. 68 measuring 246.66 square meter situated in Kavi Nagar, District Ghaziabad, on 31.12.1966. Civil Suit No.1323 of 1996 was filed by Santosh Kumar Jindal before Civil Judge (Senior Division), Ghaziabad, and therein Jamuna Das Gupta (father), Dinesh Kumar Jindal, Ashok Kumar Jindal, Anil Kumar Jindal, Sanjay Kumar Jindal, all sons and the daughter Smt. Sushila Devi were impleaded as parties. Said suit was decided on the basis of compromise, wherein each and every family member of Jamuna Das Gupta was signatory, and as per the aforesaid compromise, decree was pass









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