Drat Allahabad Court August 2007 Judgments
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Mohd. HussaIn Vs. Bank of India and ors.
Court: DRAT Allahabad
Decided on: Aug-28-2007
Reported in: I(2008)BC105
1. This is an appeal filed by the appellant against an order and judgment dated 18th July, 2005 passed by D.R.T., Allahabad in Original Application No. 141/2001 allowing the application for issuance of the recovery certificate for Rs. 15,36,648/- against the defendants along with interest, etc. The appellant Mohd. Hussain claimed himself to be the purchaser of the property, which is said to have been mortgaged in connection with the loan in question advanced by Bank of India respondent No. 1 in favour of Majestic Engineering Corporation.Respondent Nos. 2/1 to 2/11 are said to be the legal heirs of Abdul Rasheed who was defendant No. 1 and has died. Respondent Nos. 3, 4 and 5 were said to be the guarantors for above loan. The case of the appellant is that he is neither borrower nor the guarantor and has purchased the house in question situated in Sarai Gate, Rampur for value and after due care. According to the appellant the property in question was not mortgaged with the respondent Ba...
Luxco Electronics and ors. Vs. Corporation Bank
Court: DRAT Allahabad
Decided on: Aug-22-2007
Reported in: I(2008)BC93
1. This appeal has been preferred against an order dated 16.4.2007 passed by the DRT, Allahabad vacating the stay order passed by it on 3.1.2007 for the maintenance of status quo of the property said to have been mortgaged. Also while passing the impugned order, the DRT had directed appellant to deposit one lac more and by means of an application dated 29.1.2007 moved by the appellants had requested for keeping the condition of deposit of amount of Rs. 1.00 lac more in abeyance, but it was also turned down.2. The short questions, which arise out of the impugned order in this appeal are: whether the objection said to have been preferred to the notice issued under Section 13(2) of the Securitization and Reconstruction of the Financial Assets and Enforcement of the Security Interest Act, 2002 was disposed of before taking up proceedings for the recovery of the amount under the aforesaid enactment, second question, which has been raised, is whether the property said to have been mortgaged...
Surendra Singh Bhaduria Vs. Punjab National Bank and ors.
Court: DRAT Allahabad
Decided on: Aug-08-2007
Reported in: I(2008)BC134
1. This appeal has been preferred against the judgment dated 19th July, 2006 passed by the Presiding Officer, D.R.T., Jabalpur in Appeal No.19/2006 which arose against an order dated 8th May, 2006 passed by the Recovery Officer-I, D.R.T., Jabalpur rejecting objection filed on behalf of the appellant for setting aside the sale.2. In brief the present appellant preferred an objection against execution proceedings of Execution Case No. 108/2004, which was initiated by the respondent Bank on the basis of acertificate of recovery issued in pursuance to a judgment dated 7th October, 2004 passed in Original Application No. 51/2002 for the recovery against the appellant. When the recovery proceedings were taken-up after observing required formalities the proclamation of terms of auction etc. were settled. The present appellant filed above objection before Recovery Officer alleging therein that the terms of auction settled mechanically without application of mind committing several irregularit...
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