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2021 Supreme(Kar) 646

P.S.DINESH KUMAR
Elogic Technologies Private Limited – Appellant
Versus
Authorised Officer, M/S Fullerton India Credit Company Limited – Respondent


Advocates:
Advocate Appeared:
B.S.Kiran, Advocate, Amit Deshpande, Advocate, V.Suresh, Advocate, Dilip Kumar, Advocate

JUDGMENT :

1. Petitioner, M/s. Elogic Technologies Pvt. Ltd., has presented this writ petition with following prayers:

    a. Quash the Sale notification dated 6-09-2019 issued by the 1st respondent vide Annexure-E and

b. Direct the respondents to re fix the reserve price of the secure immovable asset as ordered by this Hon'ble Court on 02-08-2019 in WP 31565/2019.

c. Pass such other orders as this Hon'ble Court deems fit, in the interest of justice and equity.

2. Facts stated in the writ petition are, petitioner has availed term loan from the second respondent. A house property belonging to the Managing Director of petitioner-Company has been mortgaged as security. Petitioner's account was declared as NPA and recovery proceedings were initiated. Second respondent obtained an order to take possession of the property under Section 14 of the SARFAESI Act [Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act]. Petitioner challenged the same by filing S.A. No.499/2018, under Section 17 of SARFAESI Act before the DRT [Debts Recovery Tribunal order dated August 2, 2019 has disposed of the writ petition by recording thus:]. The DRT granted interim prote

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