PRINCIPAL BENCH AT BENGALURU
POORNIMA BHAT – Appellant
Versus
DAVANAM JEWELERS PRIVATE LIMITED, – Respondent
The appellant/Objector filed these appeals under
Section 96 of CPC for setting aside the order passed by the
XIX Additional City Civil and Sessions Judge, Bengaluru in
Misc.No.182/2015
and
Misc.No.181/2015
dated
31.07.2018 for having rejecting the applications filed by
the appellant under Order XXI Rule 58 of CPC in Execution
Petition Nos.2108/2013 and 2109/2013.
2.
Heard the arguments of the learned counsel for
the appellant and the learned counsel for the respondents.
3.
The case of the appellant before the execution
Court is that the appellant filed an application under Order
XXI Rule 58 of CPC for canceling the order of attachment
dated 23.07.2014 as well as sale notice or proclamation
5
issued
by
the
Court
in
Ex.P.Nos.2108/2013
and
2109/2013. The appellant was a Deputy Branch Manger in
ICICI Bank, the respondent No.2 represented the appellant
being the owner of the apartment i.e., schedule property
had created a charge on the property in favour of the
respondent No.3-State Bank of India by providing the
same as collateral security for borrowing the loan and the
loan become non performing asset. Hence, the Bank
initiated the proceedings before the Debt Recovery
Tribunal (DRT)
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