VINAY JOSHI, VRUSHALI V. JOSHI
Nageshwar Rao – Appellant
Versus
Collector, Collector Office – Respondent
JUDGMENT
Vinay Joshi , J. - Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for respective parties.
2. By this petition filed under Article 226 of the Constitution of India, the petitioners seek to challenge the impugned communication dated 07.09.2022 issued by respondent No. 3 Tehsildar and Executive Magistrate in pursuance of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act').
3. The facts leading to the filing of the petition are as under:-
4. Petitioner Nos. 1 to 5 are flat purchasers, whilst respondent No. 5 M/s. Swapnil Promoters and Developers Pvt. Ltd. is builder who has developed and constructed apartment in the name and style as Swapnil Trisha Apartment (Navketan Co-operative Housing Society), situated at Plot No. 126-A, Buty Layout, Laxmi Nagar, Nagpur. Petitioners have purchased respective residential flat from respondent No. 5 Developer under registered agreement to sell and power of attorney. Some of the petitioners have availed loan for purchasing respective flats. On the basis of registered agreements, revenue entries have been taken as well a
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