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2012 Supreme(All) 3452

R.K.GUPTA
Malti Devi Kakkar – Appellant
Versus
Allahabad Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Kushal Kant, Advocate
For the Respondent:Mr. M.K. Srivastava, Advocate

JUDGMENT :

R.K. GUPTA, J. (CHAIRPERSON)

1. They are heard. Preliminary objection is raised during the course of argument on behalf of the Bank that the appellant No. 1 has unnecessarily been impleaded as one of the appellant's, though she has not chosen to file the Securitisation Application under Section 17 of the SARFAESI Act, 2002 before the Tribunal. It is clear from the judgment passed by the Tribunal on 15th March, 2012 in the two securitisation applications i.e. S.A. No. 29/2011 and S.A. No. 155/2010 that the appellant No. 1 was not a party before the Tribunal, as she has not chosen to file the Securitisation Application before the Tribunal. Under these circumstances, she has no right to prefer the appeal under Section 18 of the SARFAESI Act, 2002, therefore, the present appeal shall not be treated to be an appeal by the appellant No. 1.

2. With regard to the appellant Nos. 2 and 3 are concerned, they preferred the securitization application before the Tribunal which was registered as S.A. No. 155/10. The said securitisation applications were dismissed by the Tribunal by an order dated 15th March, 2012, which is impugned order in the present appeal. Under these circumstances, t

















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