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2023 Supreme(All) 1664

VIVEK CHAUDHARY, MANISH KUMAR
Union Bank Of India – Appellant
Versus
D. V. Poultry Farm Thru Prop. Mr. Dharamvir Sharma – Respondent


Advocates Appeared:
For the Petitioner: Maneesh Pandey, A.K. Saxena, Samarendra Kumar, Vishwas Saraswat.
For the Respondents: Ratnesh Chandra, Gautam Kumar, Girish Kr. Srivastava, Pradumn Shukla, Radhey Krishna Tiwari, Vinay Kant Shukla, Vinod Kumar Singh.

JUDGMENT :

1. Present petition has been preferred by the petitioner-Bank for quashing of the impugned order dated 23.10.2018 passed by the respondent no. 3-Mediator/Assistant Housing Commissioner/Assistant Registrar, Avas and Vikas Parishad, 104, Mahatma Gandhi Marg, Lucknow under Section 70 of the U.P. Co-operative Societies Act, 1965 hereinafter referred to as ( the Act,1965) by which the respondent no. 3 had directed the respondent no. 1-Shri Dharamveer Sharma, the proprietor of M/s D.V. Poultry Farm (Mortgagor) to contact the Bank (present petitioner) for payment of loan in accordance with law. It was further directed to the respondent no. 2/ Bank (present petitioner) to release the Plot No. C-120 and give physical possession to Shri Dharamveer Sharmaproprietor of respondent no. 1 in the present writ petition.

2. The brief facts of the case are that Mr. Dharamveer Sharma, the proprietor of respondent no. 1 purchased a plot no. C-120 admeasuring area 248.33 Sq. Yards from respondent no. 2-Air Force Hindon Cooperative Housing Society Limited, Defense Colony Bhopura, Ghaziabad.

3. The respondent no. 1 approached the petitioner-Bank for cash credit facility of Rs. 30 Lac for workin

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