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2009 Supreme(Guj) 293

RAVI R.TRIPATHI
UCO Bank – Appellant
Versus
Bank of Baroda – Respondent


Advocates Appeared:
Mr. H.D. Rana, for Petitioner No. 1.
Notice Served, for Respondent No. 1.
Mr. Siddhartha Samal, for Respondent No. 1.
Ms. Meena Vyas, for Respondent No. 1.

Judgment

Ravi R.Tripathi, J.—The present petition is filed by UCO Bank being aggrieved by an order passed by the Recovery Officer, DRT Ahmedabad in Recovery Proceedings (Execution Petition) No. 74 of 2007. A copy of the order is produced as Annexure A to the petition at page 19. The learned Advocate Mr. Rana for the petitioner vehemently submitted that the petitioner bank has initiated the proceedings for recovery by issuing notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFASI Act’ for short) on 30.4.2004 Thereafter the action under Section 13 (4) of the said Act was taken on 13.1.2005 and thereafter auction notice was issued on 26.7.2005. Learned Advocate for the petitioner submitted that auction notice was issued on 26.7.2005 but inadvertently the same could not be annexed with the petition. He tendered a copy of the same which is taken on record.

2. The learned Advocate for the petitioner also invited attention of this Court to the fact that objections were filed by Bank of Baroda on 27.1.2005, a copy of which is produced along with an affidavit at page 47 of










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