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5.1) The petitioner is a banking company and
is an assignee of ICICI Bank Ltd. Various
credit facilities were sanctioned and granted
by the ICICI bank to respondent no.2- Shree
Narmada Aluminum Industries Ltd along with
erstwhile IDBI Bank Ltd and IFCI Ltd. between
August 1985 and July 1986. The credit
facilities were secured by equitable mortgage
by way of first paripassu charge on the
property situated at Survey No.95/1, Mouje
Bholav, Taluka Bharuch, District Bharuch by
way of title deeds with IDBI acting for
itself and as an agent of ICICI and IFCI. The
said deposit of title deeds was recorded by
way of Memorandum of Entry dated 2nd
September, 1986. Like-wise first pari passu
charge in respect of movables were described
in the Deeds of Hypothecation dated 1st
C/SCA/13562/2015 JUDGMENT DATED: 03/03/2022
August, 1985 and 21st July, 1986.