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2022 Supreme(All) 75

Dinesh Kumar Tiwari – Appellant
Versus
Bank Of Baroda A Body Corporate – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rakesh K.Chaudhary, Ashutosh Shukla, Shreya Chaudhary
For the Respondent: Prashant K.Srivastava, Amar Singh, Avishesh Kumar Singh, Pradeep Dwivedi, Vaibhav Srivastava, Vishal Agarwal

JUDGMENT :

Dinesh Kumar Singh, J.

1. Heard Ms. Shreya Chaudhary, learned counsel for the petitioner, Mr. Prashant Kumar Srivastava, learned counsel for respondent no. 1-Bank of Baroda (for short "BOB"), as well as Mr. Vishal Agarwal, learned counsel representing respondent no. 3, and gone through the record.

2. The present petition has been filed, invoking extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India for quashing of the order dated 12.05.2005 passed by the Debts Recovery Tribunal, Lucknow (for short "the Tribunal") whereby the Recovery Officer has ordered for taking forcible possession from the petitioner of the mortgaged property, being building constructed over land measuring 5000.00 sq. ft. of Khasra No.797/01, Bhillawan, Ward Geetapalli, Alambagh, Lucknow.

3. The petitioner had taken a loan of Rs. 12 lakhs for business purposes from the BOB on 06.11.2004 and mortgaged the property, being building constructed over land measuring 5000.00 sq. ft. of Khasra No.797/01, Bhillawan, Ward Geetapalli, Alambagh, Lucknow.

4. The BOB had filed Original Application No. 154 of 2010 before the Tribunal for recovery of a sum of Rs. 14,34,234=00 against the

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