Bank of Baroda v. Shri Siddhi Vinayak Trading Co. & Ors.

Bank of Baroda

…Appellant

…Respondent

Case No: Appeal No. 69/2013

Date of Judgement: 13/06/2023

Judges:

Mr Justice Ashok Menon, Chairperson

For Appellant: Mr Jayesh R. Patel, Advocate.

For Respondent: Mr Sohel E Kazi, Advocate.

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Facts:

The Defendants:

First Defendant: Shri Siddhi Vinayak Trading Co. (sole proprietorship of the second Defendant)

Second Defendant: Sole proprietor of First Defendant

Third Defendant: Wife of the Second Defendant (also a guarantor)

Fourth Defendant: Purchaser of the property agreed to be mortgaged to the Bank

Fifth Defendant: Pantnagar Shree Ome CHS Ltd (a cooperative society constituting the apartment complex where the mortgaged flat is situated)

Arguments by the Parties:

Defendants 1 to 3:

Denied having signed any documents or receiving any money from the Bank.

Fourth Defendant:

Lodged a criminal complaint consequent to his knowledge of the debt.

Fifth Defendant:

Bank of Baroda (Appellant):

Sections and Laws Referred:

Section 58 of the Transfer of Property Act, 1882

Section 58(f) of the Transfer of Property Act, 1882

Case Laws Referred:

No case laws were referred in the order.