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2014 Supreme(All) 1983

SANJAY MISRA
Allahabad Bank – Appellant
Versus
Rajesh Pal – Respondent


ORDER :

Connect with Writ Petition No. 2584 of 2014 (Kamal Kumar Bhatu v. The Debts Recovery Appellate Tribunal and 3 others)

2. Both the writ petitions have been connected since they relate to the same proceedings, the same property, between the same parties and directed against the same judgment hence are being decided together by a common order passed in this writ petition.

3. Heard Sri P.N. Tripathi learned counsel for the Allahabad Bank in both the petitions Sri D. P. Tripathi holding brief of Sri K.K. Tripathi learned counsel for the auction purchaser K.K. Bhatu in both the writ petitions Sri Kaushal Kant learned counsel for the borrower Rajesh Pal in both the writ petitions and learned Standing Counsel.

4. These writ petitions are directed against an order dated 18.12.2013 passed by the Debts Recovery Appellate Tribunal, Allahabad in Appeal No. 421 of 2013 (Rajesh Pal v. Allahabad Bank and others) whereby the Appellate Tribunal has set aside the order dated 26.09.2013 passed by the Debt Recovery Tribunal in SA No. 116 of 2011 and has remanded the matter to the Tribunal for fresh decision and also directed that the Bank shall restore possession of the premises in question to t













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