UPASANA GARG Vs. STATE OF U P

JUDGEMENT

(1.) It appears that a partnership firm, namely, M/s Garg Automobile took Cash Credit Facility from the respondent No.2-State Bank of India. One of the partners of the firm, namely, Ajay Garg, mortgaged 1/5th share in the property in question, namely, Khasra No.131, area about 0.882 Hectare i.e., 2.18 Acre, as security for the said facility, given to the partnership firm.

(2.) The said 1/5th share in the property in question had been purchased by the said Ajay Garg by the sale deed dated 09-10-2002.

(3.) It further appears that Smt. Upasana Garg, the petitioner herein also purchased 1/5th share in the property in question by a sale deed dated 09-10-2002. The said 1/5th share of Smt. Upasana Garg, petitioner herein was not mortgaged with the respondent No.2 as security for the said facility given to the partnership firm.