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2008 Supreme(MP) 946

S.K.GANGELE
Godawari Shridhar – Appellant
Versus
Union Bank of India – Respondent


Advocates appeared:
V.K. Bharadwaj, Sr. Advocate, with Raja Sharma, for Petitioner; M.M. Qureshi, for Respondents.

ORDER :-

Petitioner has filed this petition challenging the notification of auction of a house, Annexure-P-1, which was mortgaged with the respondent No. 1, Bank.

2. Petitioner is a partner of a firm, named as 'M/s. Shridhar Radios'. The firm had been conducting business. In the year 1984 it had been provided facility of crash credit limit by the respondent-Bank and it was extended time to time upto Rs. 35 lakhs.

3. As per the petitioner in the month of August 2005 there was a theft in the shop of the firm amounting to Rs. 6,05,540/-. The theft amount could not be recovered and due to the aforesaid circumstances the firm could not continue its business and on account of this it could not pay cash credit limit which it had encashed from the Bank. Consequently, Bank issued a notice demanding an amount of Rs. 33,85,031/- failing to pay the amount Naib Tehsildar also issued a revenue recovery certificate of Rs. 30,56,371/- on 12-1-2006. The petitioner firm filed a petition before this Court challenging the notice. The petition was registered as W.P. No. 1256/2007. Initially, the Court granted stay in favour of the petitioner. Thereafter, vide order dated 13-8-2007 the Court disposed of th











































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