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The petitioner-Bank has asserted that the respondent No Amit Sharma being an absolute owner in exclusive possession of land measuring 01 Kanal and Marlas situated in Shajalta, Adarsh Colony, District Udhampur obtained various credit facilities from the petitioner-Bank from time to time and mortgaged the aforesaid land in favour of the petitioner-Bank for securing the interest of the petitioner in respect of the credit facilities; that the respondent No. 5 committed deliberate and intentional default in payment of the outstanding amount in the credit facilities to the Bank, which resulted into declaring of the Accounts of the respondent No. 5 as Non-Performing Assets (NPA) by the petitioner-Bank, which initiated proceedings under the special legislation for the recovery of the outstanding amount from the secured assets, however, the respondent in collusion with his mother adopted a novel modus operandi to deprive the petitioner to take the possession of the mortgaged land, which has already been auctioned by the petitioner-Bank to the successful bidder, by filing the Revision Petition before the respondent and by way of a consent order got the mutation cancelled, as was attested under of the Act, on the basis of which ownership rights of the aforesaid land were conferred upon the respondent No by the competent authority; that this illegal mode adopted by the respondent No in collusion with his mother, i.e., the respondent was a deliberate act to scuttle the recovery proceedings, as had been initiated on part of the petitioner-Bank against the respondent No. The petitioner-Bank has further asserted that the respondent No being a sole proprietor of M/S Rama Traders, is engaged in the business of Scrap and other allied items for the last more than one decade having its place of business at Yard Transport Nagar, Jammu and that the respondent No. 5 had raised Cash Credit Limit from the petitioner-Bank, however, finally, his concern was declared as NPA and the petitioner-Bank initiated the proceedings under to secure its loan, which had accumulated for an amount of Rs. that the petitioner-Bank issued the possession notice dated and fixed the reserve price of the mortgage land,
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