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2023 Supreme(Online)(KAR) 2988

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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