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2022 Supreme(Chh) 582

P. SAM KOSHY
Authorized Officer, Bandhan Bank Limited, Gruh Centre – Appellant
Versus
District Magistrate Cum District Collector Balod – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anish Tiwari.
For the Respondents: Akanksha Jain, Sunil Sahu.

ORDER :

1. Aggrieved by the order (Annexure P/1) dated 29.02.2020 passed by the District Magistrate Balod, District Balod in the Case No. 11/B-121/2018-19, the present writ petition has been filed.

2. Vide the impugned order, the District Magistrate has rejected a claim Application put forth by the Petitioner-Financial Institution under Section 14 of the SARFAESI Act 2002. The rejection of the said Application under Section 14 by the District Magistrate has been on the ground that the calculation of interest made by the Petitioner-Bank in the affidavit supported with the Application under Section 14 was in correct. That because of the excessive interest charged, the borrowers have been subjected to great mental agony and also their reputation in the society has been tarnished. That in the given factual backdrop, if the possession is ordered to be given to the Petitioner-Bank, it would call substantial injustice to the borrowers and for all these reasons the Section 14 Application was rejected by the District Magistrate.

3. The facts of the case in brief are that the Respondents No. 2 to 4 have taken certain loan from the Petitioner-Bank. The loan was sanctioned for an amount of Rs. 30

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