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2009 Supreme(All) 3938

J.M.MALIK
State Bank Of Indore – Appellant
Versus
Raj Kumar Mills Ltd. – Respondent


JUDGMENT :

J.M. MALIK (Chairperson)

1. The Recovery Certificate was issued by the learned DRT on 5th February, 2002 in the sum of Rs.4,55,34,698.43 with future and pendente lite interest and costs with quarterly rests from 27th December, 2000 till the realisation of outstanding dues. The mortgaged properties of Shri C.B. J. Seth and his brother Shri G.B.J. Seth were attached. The Bank received a sum of Rs.75.86 lacs from the State of M.P., respondent No. 3 and discharged it from all the liabilities. The Recovery Officer vide its order dated 21st May, 2007 directed that auction of the property in dispute be conducted. The property belonging to the respondent G.B.J. Seth was auctioned. The learned DRT reversed the order passed by the Recovery Officer. Aggrieved by that order this second appeal has been preferred.

2. On 3rd March, 2007 the Hon’ble High Court was pleased to pass the following orders:

...In the circumstances as agreed by learned Counsel for the parties this petition is disposed of directing the parties to appear before the DRT Allahabad on 10th August, 2007 and on that date the DRT Allahabad shall fix a date for final hearing of the petitioners appeal. The DRT Allahabad, s
























































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