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2011 Supreme(Guj) 83

SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
IDBI Bank Ltd. – Appellant
Versus
District Magistrate – Respondent


Advocates:
Appearance :
Mr. P.M. Dave for Mr. Asit B. Joshi, for the Petitioner No. 1.
Ms. Krina Calla, AGP for the Respondent No. 1.
Mr. S.K. Patel, for the Respondent No. 2.

Judgment

J.B. Pardiwala, J.—This petition has been preferred by IDBI Bank Limited, a company incorporated under the provisions of the Companies Act, 1956, through its authorized signatory with the following prayers :—

“(A) Your Lordships be pleased to issue a writ or any other appropriate writ, order or direction, by quashing and setting aside order/communication dated 09/06/2009 of the respondent authority and further be pleased to direct the respondent authority to pass an order for providing assistance to maintain law and order while taking over the possession of the secured assets of the principal borrower for implementation of Section 14(1) and the said secured asset is to be forwarded to the petitioner in accordance with law in the interest of justice and equity forthwith;

(B) Your Lordships be pleased to direct the respondent authority to forthwith re-consider the application of the petitioner bank submitted under Section 14 of the Securitization considering the ratio laid down in various decisions of this Hon’ble Court as well as considering the provisions of Section 14 of the Act and pass the appropriate order within such time as may be deemed fit by this Hon’ble Court in the

































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