CS(OS) No.723/1986

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 17^th January, 2017

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CS(OS) 723/1986

THE JAMMU & KASHMIR BANK LTD.

..... Plaintiff

Through:

Mr. Dilip Pandita, Adv.

Versus

M/S MAYUR EXPORTS & ANR

..... Defendants

Through:

None.

CORAM:-

HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

IA No.7177/2013 (of plaintiff u/O XXXIV R-3(2)&(3) CPC)

1. In this mortgage suit under Order XXXIV of Code of Civil Procedure,

1908 (CPC) for recovery of Rs.7,03,500/- with future interest @ 17% per

annum compounded quarterly from the date of institution of the suit till

realisation and for sale of the hypothecated and mortgaged properties for

realisation of the said amounts, on 26^th April, 2001, a preliminary decree in

the sum of Rs.7,03,500/- along with interest @ 12.5% per annum with costs

was passed and the defendants were directed to pay into the Court the

decretal amount within six months therefrom. It was further provided that if

no payment is made, the plaintiff Bank would be entitled to seek a final

decree.

2. The defendants M/s Mayur Exports and Shri Anil Kumar Sethi though

had