Mulakh Raj v. Uco Bank And Others

IN THE HIGH COURT OF PUNJAB ANDHARYANA AT

CHANDIGARH CR No. 4545-2019 Date of decision:-22.07.2019 MULAKH RAJ .....Petitioner vs.

UCO BANK AND ORS.

....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. G.S. Verma, Advocate for the petitioner.

RITU BAHRI, J.(Oral) The present revision petition is for setting aside of order dated 06.05.2019 passed by learned Addl. Civil Judge Ludhiana whereby the learned Court has allowed the appeal by restraining defendant No. 5 (petitioner) from alienating/transferring the property/plot during pendency of the main suit pending before the trial Court.

A bare perusal of impugned order shows that defendant Nos 1 and 2 admitted that they took loan from UCO Bank and they also succeeded in committing fraud with the bank by selling property to defendant No. 5/petitioner during the mortgage period. Further it stands duly proved that the Bank has advanced the loan to defendant Nos. 1 and 2, who are admittedly owners of the property and they have sold the same without disclosing the fact of mortgage of the same with the Bank.

In view of the above fact, the appeal of the Bank has rightly been allowed and respondent No. 5/petitioner has rightly been restrained from alienating, transferring the disputed property during the pendency of the suit. The petition stands dismissed.

(RITU BAHRI) 22.07.2019 JUDGE G Arora Whether speaking/reasoned :

Yes Whether reportable :

No GAURAV ARORA 2019.09.06 14:12 I attest to the accuracy and integrity of this document Chandigarh