It appears that M/s Pandey Carpet Corporation Bhadohi had taken loan from UPSIC and it appears that certain plots have been pledged with UPSIC. When the loan has not been paid, recovery proceeding has been initiated. The appellants purchased half share of plot no. 24 from Ram Shiromani who was partner of M/s Pandey Carpet Corporation Bhadohi. In the recovery proceeding, the amount was sought to be recovered from plot no. 24 also. The appellants filed suit no. 190 of 1988 for permanent injunction. The said suit has been decreed by the trial court vide order dated 26.7.2004. Against the said order, respondents filed appeal being appeal no. 22 of 2004 which has been allowed and the order of the trial court has been set aside. Being aggrieved, the present appeal has been filed.
The contention of the appellants is that plot no. 24 has not been pledged. Further he is the bonafide purchaser of the plot and, therefore, outstanding dues of a partnership firm cannot be recovered from the share of the appellants from plot no. 24.
The matter requires consideration.
Sri Vivek Kumar Singh, Advocate appears on behalf of respondent nos. 1, 2 and 3. Learned Standing Counsel appears on behalf of respondent nos. 4, 5 and 6. Issue notice to respondent nos. 7, 7/1, 7/2 and 7/3. The appellants may take steps within a week. All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 14.5.2012 for admission.
Till the next date of listing, the operation of the order dated 2.1.2012 passed by the Additional District Judge, Court No. 2, Gyanpur Bhadohi in Civil Appeal No. 22 of 2004 (U.P. Small Industries Corporation through Managing Director Kanpur Vs. Tara Shankar and others) shall remain stayed. The appellants are restrained from transferring, alienating and changing the nature of plot no. 24.
Order Date :- 22.3.2012 OP