- (1.) The Food Corporation of India (FCI for short) challenges the order dated 6.3.2006 of the Allahabad High Court, rejecting its appeal against the order dated 15.12.2004 passed by the Additional District Judge (Special judge EC), Jhansi ordering attachment of its properties under Order 39 Rule 2A of the Code of Civil Procedure (Code for short) to an extent of Rs. 1,12,24,792.99. Facts of the case:
(2.) In the year 1976, the respondent (Sukh Deo Prasad) offered to construct and let out godowns to FCI. For that purpose, the respondent and his brother V.K. Shukla obtained a term loan of Rs. 10 lakhs from the State Bank of India, Jhansi Branch (for short the bank ) on 31.8.1977 and as security therefor mortgaged their land (in Khard village) and house property (at Jhansi) in favour of the Bank by deposit of title deeds. The repayment of the said loan was also guaranteed by one Raj Narain Khare and Shri Kishan on 6.10.1977. In addition, another sum of Rs. 5 lacs was sanctioned by the bank, by way of term loan to the respondent on 29.8.1977, repayment of which was guaranteed by one Ram Kishore Gupta and Khachore.
(3.) Three godowns were constructed by the respondent and his brother and let out to FCI for a term of five years in the year 1978. On the instructions of the lessors, FCI credited the rents to the loan account of the landlords with the bank. FCI vacated the said godowns and surrendered back possession in December, 1983.;