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2013 Supreme(Del) 1560

G.P.MITTAL
Bijender Kr Gupta – Appellant
Versus
Corporation Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Atul Bandhu, Advocate.
For the Respondent:Ajant Kumar, Advocate.

Judgment :

G.P. Mittal, J.

1. Petitioner Bijender Kumar Gupta by virtue of this writ petition under Article 226 and 227 of the Constitution of India prays for quashing of the orders dated 02.11.2011 and 01.03.2012 passed by the learned Additional Chief Metropolitan Magistrate (ACMM) in Complaint Case No.2098/2/2011 whereby in pursuance of the application under Section 14(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), the Receiver was directed to take into possession the land measuring 16 Biswas out of Khasra No.59/17, situated in the Revenue Estate of Village Mundka, Delhi-41 and land measuring 1 Bigha 4 Biswas out of Khasra No.59/17(1-04) situated in the Revenue Estate of Village Mundka, Delhi-41 and the objections preferred by the Petitioner were dismissed.

2. One Anil Kumar, proprietor of M/s Anil Trading Company had mortgaged the earlier stated land in favour of the Corporation Bank(Respondent No.1) by depositing its title deeds on 10.03.2000. Letters of equitable mortgage were signed by the said Anil Kumar on 02.05.2001 for the purpose of securing the cash credit limit of Rs.25 lakhs granted in his fa















































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