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2009 Supreme(MP) 1236

ARUN MISHRA, S.SHRIVASTAVA
Mohini Hardayal Singh – Appellant
Versus
Punjab and Sind Bank – Respondent


Advocates Appeared:
For petitioner:Ravishankar Prasad, Senior Advocate with Rahul Shrivastava and Satish Agrawal, For respondent No.1:Wajid Haider, For respondent Nos.4 to 8:Rajesh Maindiratta, For respondent No.11: P.K.Agrawal

JUDGMENT

Arun Mishra, J.:-

The instant writ petition has been preferred by Smt. Mohini Hardayal Singh aggrieved by the judgment delivered by DRAT, Allahabad on 1-2-2008 thereby setting aside the decision of Debts Recovery Tribunal, in the matter of sale of residential house situated at S-246, Panchsheel Park, New Delhi in execution of the decree passed against the husband of the petitioner and others.

2. Petitioner's case, in short, is that M/s Sterling Malt and Foods Pvt. Ltd. (hereinafter referred to as "the Company") manufactured malt from its factory located at 34, Industrial Area, Banmore, District-Morena (MP). Late Shri Hardayal Singh, husband of the petitioner and Shri N. S. Satyanarayan Rao were the Directors of the Company. Late Shri Hardayal Singh and his family resides at S-246, Panchsheel Park, New Delhi. Company availed financial facilities from Punjab and Sind Bank from its branches at Cannought Place, New Delhi and Jayendrganj, Gwalior. On land, factory buildings, plant and machinery situated at the factory premises charge of the bank was created and personal guarantees were submitted by the aforesaid guarantors. The property in question at Panchsheel Park, New Delhi wa













































































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