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2012 Supreme(Guj) 105

A.L.DAVE, J.B.PARDIWALA
Gruh Finance Ltd. – Appellant
Versus
District Magistrate and Collector Office of District – Respondent


Advocates:
Appearance :
Singhi & Co., for the Petitioner No. 1.
Government Pleader, for the Respondent No. 1.
Notice Served by DS, for the Respondents No. 2 - 4.
Notice Served, for the Respondent No. 4.
Deleted, for the Respondent No. 5.

Judgment

J.B. Pardiwala, J.—By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner-Company incorporated under the Companies Act, 1956, and regulated by the guidelines framed under the National Housing Act, 1986, and engaged in providing finance for the purpose of construction of dwelling units has preferred this writ petition with the following prayers:—

“(A) Your Lordships be pleased to issue a writ of prohibition and/or a writ of mandamus or a writ in the nature of prohibition or certiorari or mandamus or any other appropriate writ, order or direction, quashing and setting aside the impugned order dated October 30, 2010, passed by the Respondent No. 1, which is at Annexure-P to the petition and declare that the Respondent No. 1 could not return the Application filed by the Petitioner under Section 14 of the SARFESI Act.

(B) Be pleased to direct the Respondent No. 1 to accept the application of the Petitioner under Section 14 of the SARFESI Act and pass fresh decision thereon.

(C) Your Lordship may grant such further and other relief’s as may be deemed fit and proper and as the facts and circumstances of the case require.”

2. The facts relevant























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