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2022 Supreme(All) 754

RAJESH BINDAL, J. J. MUNIR
Kamal Kishore Dheer – Appellant
Versus
Debts Recovery Appellate Tribunal – Respondent


Advocates Appeared:
For the Appellant : Mr. Deepak Kumar Jaiswal and Mr. Sanjay Kumar Gupta.
For the Respondents:Mr. Gyan Prakash Shrivastava, Mr. S.K. Srivastava, Advocate holding brief of Mr. Padmaker Pandey.

ORDER :

J.J. Munir, J.

1. This Special Appeal is directed against the judgment and order of a learned Single Judge of this Court in Writ-C No.57359 of 2013 dated January 17, 2022 dismissing the petitioner-appellant's writ petition and affirming an order of the Debts Recovery Appellate Tribunal at Allahabad in Appeal No. 8114 of 2013. The Debts Recovery Appellate Tribunal, by the order under challenge before the learned Single Judge, has reversed an appellate order of the Debts Recovery Tribunal at Allahabad in Appeal No. 23 of 2009 under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short "RDDBFI Act") and restored the auction sale dated October 13, 2009 in DRC No. 213 of 2002 by the Recovery Officer attached to the Tribunal in favour of Respondent No. 4 to this appeal, Ramu Jaiswal.

2. The facts giving rise to this appeal are that the petitioner-appellant purchased through a registered sale deed dated July 28, 1995 land comprising Arazi No. 286, situate at Village Kukradeo, District Kanpur Dehat from Harish Kumar son of Bhagwandas. Harish Kumar shall hereinafter be referred to as 'the judgment-debtor'. Upon the land being purchased by the

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