- (1.) These two Special Appeals arise out of a common judgement of the Learned Single Judge.
(2.) These infra court appeals are directed against the judgement and order of the learned Single Judge dated 1.10.2013. The auction purchaser has filed Special Appeal no. 1754 of 2013. While the Union Bank of India has filed Special Appeal no. 1752 of 2013. Since both the appeals raise common question of facts and law they have been clubbed together and are being decided by means of this common judgement.
(3.) Facts relevant for deciding these appeals are as under: M/s Bahudesshiya Audyogik Utpadan Sahkari Samiti Limited and M/s Janta Udyog Samiti had obtained cash credit facility from the Union Bank of India. Writ petitioner namely Anil Kumar Wadhera's mother was one of the guarantors for the said loan. The loan account became irregular and was declared a non-performing asset. Approximately a sum of Rs. 1.5 crores became due and payable by the borrowers. ;