MURARINATH SHARMA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) This petition seeks quashing of the sale notice dated 13.7.2011 (Annexure-4) in respect of the property of the petitioner issued by the Allahabad Bank. The case of the petitioner is that he purchased the property in question from opp. party No. 5-Pradip Kumar Tripathy by way of registered sale deed dated 15.12.2003. The said opp. party had purchased the said property through registered sale deed dated 3.5.1999 from its earlier owner Smt. Minerva Sahoo. The petitioner took loan against the said property from the State Bank of India on 7.1.2011. The Allahabad Bank initiated proceedings against the property in question for recovery of loan from M/s. Chandra Synthetics with whom the petitioner had no concern.

(2.) Counter affidavit has been filed by the Allahabad Bank claiming that M/s. Chandra Synthetics had taken loan against the said property which belonged to Pradip Kumar Tripathy who had appointed Arun Kumar Swain as his attorney. The said property was mortgaged in respect of the loan advanced to M/s. Chandra Synthetics. Pradip Tripathy-opp. party No. 5 had also given affidavit dated 14.3.2003 to the Bank affirming that Arun Kumar Swain was his Power of Attorney. The Bank has annexed a copy of general power of attorney to sell or mortgage the property in question in favour of Arun Kumar Swain, the guarantor.

(3.) In view of the above, the triable issue of fact, whether the Allahabad Bank was the mortgagee of the property in question and could proceed against the same for recovery of the loan advanced to M/s. Chandra Synthetics on the basis of mortgage created by Arun Kumar Swain, the attorney of owner of the property, Pradip Kumar Tripathy, is involved.