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2015 Supreme(AP) 122

RAMESH RANGANATHAN, M.SATYANARAYANA MURTHY
Inder Raj Agarwal – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners T. Vinod Kumar, Advocate.
For the Respondents:R1, Standing Counsel for Central Government, R2, Government Pleader for Co-operative, R3, K. Gopalakrishna Murty, Advocate.

Judgment :-

Ramesh Ranganathan, J.

1. This Writ Petition is filed to declare the notification issued by the Union of India dated 28.01.2003, exercising powers under Section 2(1)[c](v) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the “SARFAESI Act” for short), bringing Cooperative Banks within the purview of the SARFAESI Act, and the notice dated 21.02.2015 issued by the 3rd respondent-bank under Section 13(4) and Section 12 of the SARFAESI Act, as arbitrary, illegal and without jurisdiction. In seeking this relief, the petitioner places reliance on a Division Bench judgment of the Gujarat High Court in Administrator, Shri Dhakdi Group Co-operative Cotton Seed v. Union of India (II (2014) BC 303 (Guj.) = (2014 (1) Bankers Journal 464). The petitioner seeks a consequential direction to set aside the notification dated 28.01.2003 issued by the Union of India, and the notice dated 21.02.2015 issued by the 3rd respondent-bank under Section 13(4) of the SARFAESI Act as illegal.

The petitioner claims to be the absolute owner of the subject property, admeasuring 200 square yards on Plot No.F8, Fatehnagar, Balanagar, acquired by





































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