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2009 Supreme(Bom) 481

NISHITA MHATRE, B.R.GAVAI
PURAN MAHARASHTRA AUTOMOBILES GANDHI BHAAN, SHAHAGANJ, AURANGABAD – Appellant
Versus
SUB DIVISIONAL MAGISTRATE, AURANGABAD – Respondent


B. R. GAVAI, J.

( 1 ) BY consent the appeal is taken up for final hearing.

( 2 ) BY way of present appeal, the appellants have challenged the order passed by the learned Single Judge in W. P. No. 81/2009, thereby dismissing the writ petition filed by the present appellants. ( 3 ) THE appellants have borrowed an amount of Rs. 1,80,00,000/- ( rupees One Crore Eighty Lakhs) from the respondent No. 3 Bank. The respondent No. 3 bank had issued notice under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act. (hereinafter referred to as "the said Act" for the sake of brevity ). Since the appellants did not comply with the notice issued by the respondent No. 3 bank, an application came to be filed by the said bank before the District Magistrate, Aurangabad, for taking action under Section 14 of the said Act. The respondent No. 2 passed an order and allowed the application under Section 14 of the said Act. Accordingly, a notice was issued on 1/1/2009 by the Naib Tahsildar, directing the appellants to hand over the possession of the property owned by the appellants. Challenging the said notice, a writ petition bearing No. 81/2
















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