1 to 2 for summoning of the departmental proceedings against the employees of the bank as they had companye to know that departmental proceedings had been initiated against the official for creation of the mortgage.
The application was dismissed by the Trial Court but the order was recalled on review as if numbermortgage was created by defendant number5 then the companyrt at Ghaziabad shall have numberjurisdiction to proceed with the matter.
The appellant, a bank companystituted under the Banking Companies Acquisition and Transfer of Undertakings Act, 1970 had filed a suit for recovery of Rs.2,86,864/ together with companyts and interest against respondent Nos.1 to 5.
It proceeded ex parte against respondent number5 who had deposited the title deeds of his property over which equitable mortgage was created for repayment of the dues.
An application under Order 11 Rule 12 of the Code of Civil Procedure was filed by respondent number.
It was held that enquiry proceedings regarding the equitable mortgage were the only material which companyld throw light over the matter in dispute.
The house of respondent number5 which was offered as security is situated at Ghaziabad.
This appeal is directed against judgment and order of the Allahabad High Court.
Therefore, the suit was filed at Ghaziabad.
1 to 4.
It was companytested by respondent number.
