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2012 Supreme(Del) 2542

M.L.MEHTA
M. A. Rashid – Appellant
Versus
Gopal Chandra – Respondent


Through:Mr. Anshu Mahajan with Mr. Karan Arora, Advocates, Through:Respondent in person With Sh. M.A. Rashid , Through: Mr. Anshu Mahajan with Mr.

JUDGMENT :

M.L. Mehta, J.

1. The petitioner is accused under section 448/ 506 IPC and Section 3(1) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act”). Vide these petitions, the petitioner prays for quashing of the complaint No. 2052/2006 as also the summoning order dated 1.10.2008 of M.M. and order dated 28.1.2009 of the learned ASJ.

2. The petitioner at the relevant time was posted as Chief Manager of Corporation Bank. This bank had advanced a housing loan of Rs.5 lac to Mrs. & Mr. M.S. Sidhu for purchase of a flat. The borrowers as a security for the loan had deposited the title deeds of the said flat by way of equitable mortgage. As they failed to repay the loan, the account of Mr. M.S. Sidhu was declared NPA on 6.3.2004, whereupon a notice under Section 13(2) and 13(13) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the “SARFAESI Act”) was served upon them as also the respondent no.1/complainant Mr. Gopal Chandra who was the guarantor of the borrowers. Since the loan was not repaid, a notice under Section 13(2) and 13(13) of the SARFAESI









































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