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VIKASH JAIN
Shiv Shakti Enterprises – Appellant
Versus
State Bank of India – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Alok Kumar Agrawal and Ms. Anubhuti Modi, Advocates
For the Respondent:Mr. Kaushlendra Kr. Sinha, Advocate
For the Respondent No.4:Mr. Md. Helal Ahmad and Mr. Md. Anjum Akhtar, Advocates

JUDGMENT (ORAL)

Vikash Jain, J.—Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondent-bank to receive the entire outstanding amount against the cash credit account, to release the title documents pertaining to the land offered by the guarantor as security in terms of Section 13(8) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “SARFAESI Act”), and also to issue a no dues certificate against the said account; for quashing of the entire proceedings initiated by the respondent bank against the petitioner-firm in exercise of powers under the provisions of the SARFAESI Act including the notice of auction sale published by the respondent bank in the newspaper namely ‘Hindustan’ on 01.06.2012 in violation of Rule 8(6) proviso of the SARFAESI Rules 2002; and for connected reliefs.

3. According to the petitioner, a loan of Rs. 14,00,000/- was taken by the petitioner from the respondent-State Bank of India (for short, “the SBI”) in respect of which collateral security was furnished by one Sri Manindra Kumar Singh by way of














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