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2023 Supreme(Chh) 253

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Nand Kumar Adil – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vivek Chopda, Advocate.
For the Respondent:Mr. Sharad Mishra, Advocate.

ORDER :

Sanjay K. Agrawal, J.

1. This writ appeal is directed against the impugned order dated 28-8-2019 by which the appellant’s writ petition being W.P.(C)No.328/2015 has been dismissed by the learned Single Judge finding no merit and in view of the fact that the appellant has right under Section 60 of the Transfer of Property Act, 1882 to file suit for redemption of the mortgaged property.

2. Challenge to the impugned order has been made by the appellant in the following factual backdrop: -

3. The writ appellant herein/writ petitioner was granted term loan by the respondent Bank and in lieu of that, the appellant had created an equitable mortgage in favour of the respondent Bank by way of deposit of his title deeds in respect of the property comprising of Khasra No.276/6, area 0.105 hectare, situate at Hathbandh, Tahsil Simga, Distt. Baloda Bazaar-Bhatapara and Khasra No.2, area 1.316 hectares, situate at Village Kukarachunda, Tahsil Simga, Distt. Baloda Bazaar-Bhatapara, but the appellant could not repay the term loan leading to issuance of notice by the Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2

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