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2010 Supreme(MP) 55

R.S.GARG, PRAKASH SHRIVASTAVA
PARIKSHIT – Appellant
Versus
M. P. RAJYA SAHAKARI BANK MARYADIT, NIHALPUR BRANCH, INDORE – Respondent


Advocates Appeared:
ASHISH GUPTA, A.K.SHIVASTAVA

Judgment

R.S.Garg, J.

( 1. ) To crease out the wrinkles it is necessary to enter into the controversy with a little deeper probe. The Madhya Pradesh Rajya Sahakari Bank Maryadit filed Suit No.E/64/42/2005 in the Court of the Deputy Registrar, Cooperative Societies, District Indore for recovery of a sum of Rs. 11,64,790.69 with costs and interest at the rate of 13% per annum and penal interest at 3% in addition to the regular interest. It appears that an exparte award was made by the learned Deputy Registrar, Cooperative Societies on 21.2.2006. It also appears from the records that when the property was put to auction the present petitioner filed an application under Order 9 Rule 13 read with Section 151 C.P.C submitting inter alia that as he had no knowledge about pendency of the proceedings and the decision and he came to know about passing of the final order on 28.1.2008 when a proclamation was affixed on the property, the exparte award be set aside. Along with the petition an application for grant of stay of the execution proceedings was also filed. On 7.2.2008 the learned Deputy Registrar in Case No.42/2005 directed stay of further proceedings in the execution and also directed s


















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