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2016 Supreme(Guj) 2143

RAJESH H.SHUKLA
Hareshbhai Babubhai Savani – Appellant
Versus
ICICI Home Finance Co. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. N.V. Gandhi, Advocate.
For the Respondents: Mr. Dharmesh V. Shah with Mr. Lalit M. Patel, Mr. P.P. Banaji AGP, Mr. D.P. Kinariwala with Mr. Nikunj D. Balar.

JUDGMENT :

RAJESH H. SHUKLA, J.

1. As learned advocates appearing for the respective parties have requested to take the matter as finally heard, same has been heard finally.

2. The present petition is filed by the petitioner under Articles 14, 226, 227 & 300A of the Constitution of India as well as under the provision of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act) for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued to quash and set aside the order of the District Magistrate, Surat dated 29.05.2015 and also to quash and set aside the subsequent action taken by the Reserved Bank of India. It is also prayed that the respondents may be restrained from taking any further measure under the SARFAESI Act in respect of the acquired assets on the grounds stated in the memo of petition. By way of amendment, it was also prayed for further interim relief at Paragraph Nos.13A-1 & 13A-2 that the respondent-bank may be restrained from auctioning the subject property as per public notice at Annexure-L may be set aside.

3. Heard learned advocate, Shri Sunit

















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