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2015 Supreme(Bom) 1804

S.C.DHARMADHIKARI, B.P.COLABAWALLA
National Laminate Corporation – Appellant
Versus
Euro Merchandise (India) Private Limited – Respondent


Advocates:
Advocate Appeared:
Mr. Samdani Senior Advocate with Mr. Mandevia i/b. M/s. Maniar Srivastava and Associates for the Petitioners
Mr. Rajeev K. Pandey and Mr. Balraj Kulkarni i/b. PRS Legal for Respondent No. 4

JUDGMENT :

S.C. Dharmadhikari, J.

Rule. Respondents waive service. By consent, Rule mad returnable forthwith.

2) By this Petition under Article 226 of the Constitution of India, the Petitioners are challenging an order under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”) dated 18th June, 2015, copy of which is at Annexure 'A' to the Petition.

3) By this order, passed under section 14(1) of the SARFAESI Act, the Chief Metropolitan Magistrate, Esplanade, Mumbai has, on an application made by the Cosmos Cooperative Bank Limited, directed as under:

“ORDER

Application is allowed.

Judicial Clerk, who is in-charge of Assistant Registrar of Bandra Center of Courts, Mumbai is appointed as the Court Commissioner to take possession of the secured assets viz 1)village Mohili, Tah. Kurla, and situated within registration district of Mumbai and sub-district of Mumbai suburban district bearing S. No. 63/1(P); CTS No. 569 admeasuring about 2299 sq. yards and the said property with structure standing thereon and being constructed and 2) shop No. 1 admeasuring about 39.50 sq. mtrs. Situated on the ground















































































































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