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2014 Supreme(All) 1463

D. Y. CHANDRACHUD, DILIP GUPTA
Bholanath Rajpati Shukla – Appellant
Versus
Punjab National Bank Recovery Deptt. – Respondent


Advocates:
Counsel :
Vikram D. Chauhan for the Petitioner; C.S.C. and Sanjay Singh for the Respondents.

JUDGMENT

By the Court.—The first respondent had extended credit facility to a borrower by the name of M/s. Ram Charan Edibles. The borrower committed a default in the payment of the outstanding dues. Following this, the bank took recourse to the measures under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the Act.

2. The bank took physical possession of certain immovable properties which were mortgaged in its favour which are described in the sale certificate that was eventually issued in favour of the petitioner, who is the auction purchaser, as follow:

“Land & Building Arazi No. 316, MI 1 Biswa 11-12 Dhoor Mauza Sonkhari, Gopiganj Tehsil -Gyanpur, Sale deed 2764 dt. 11.8.79; Boundary-Kanhaiyalal Ke Bedari Ke uttar me. Land & Building Arazi No. 316, MI 1 Biswa 11-12 Dhoor; Mauza Sonkhari, Gopiganj Tehsil -Gyanpur, Sale deed 2762 dt. 11.7.79. Boundary Kishan Lal ke Bedari ke uttar me.

Land & Building Arazi No. 316, MI 1 Biswa 11-12 Dhoor Mauza Sonkhari, Gopiganj Tehsil -Gyanpur, sale deed 2763 dt. 11.7.79. Boundary Sai Mubbaiya Janib South. Plot at Arazi 55 MI 3 Biswa 13.75 Dhoor, Mauza Pure Gulab, Gopiganj











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