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2013 Supreme(Bom) 2463

B.P.DHARMADHIKARI, RAVINDRA V.GHUGE
Umang Sugars Private Limited – Appellant
Versus
State of Maharashtra, through it's Secretary Department of Co-operation – Respondent


Advocates appeared:
For the Petitioner:V.D. Sapkal h/f Y.V. Kakade, Advocates.
For the Respondents:R1, P.P. More, A.G.P. R2, S.B. Gorade Patil, Advocate.

Judgment

Ravindra V. Ghuge, J.

1. Rule.

2. Rule made returnable forthwith by consent of the parties and heard the respective advocates.

3. The petitioner is a Private Limited Company registered under the Companies Act. Respondent No.1 is the Department of Cooperation, State of Maharashtra. Respondent No.2 is the Cooperative Bank & a Secured Creditor which has taken possession of the assets of borrower the Ghrushneshwar Sahakari Sakhar Karkhana Ltd., under the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act). It then issued the tender for the sale of movable and immovable assets of the said Karkhana.

4. The contention of the petitioner is that respondent No.2 has its Regional Office at Aurangabad. The said Bank had given loan to the Ghrushneshwar Sahakari Sakhar Karkhana Ltd. Khatnapur, Tal. Khultabad, Dist. Aurangabad. (Hereinafter referred to as the G.S.S.K.L.). G.S.S.K.L. went into liquidation and accordingly respondent No.2 took over movable and immovable assets against the loan sanctioned by it and other consortium members of the said Bank.

5. Certain dates and events germ











































































































































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