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2013 Supreme(Guj) 744

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Shivam Water Treaters Pvt. Ltd. – Appellant
Versus
Authorised Officer, State Bank of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vishwas K. Shah, Advocate
For the Respondent:Mrs. V.D. Nanavati, Advocate, Mr. Vandan K. Baxi, Asst Govt. Pleader.

JUDGMENT :

Bhaskar Bhattacharya, J.

By this Special Civil Application, the writ-petitioner has prayed for annulling, quashing and setting aside the impugned Circular dated 1st February, 2012 issued by the respondent No.2, District Magistrate, Anand, as ultra vires the Constitution of India and the Securitisation of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act) and for declaring the same as null and void and non-est in the eye of law and consequently for quashing of the order dated 5th August, 2013 passed by the Sub Divisional Magistrate, Anand by virtue of the power delegated by the respondent No.2.

2. The petitioner borrowed some amount of money from the respondent No.1, the State Bank of India and the said respondent, in exercise of the power conferred under the Securitisation Act, attached the immovable properties belonging to the petitioner and consequently, approached before the Sub-divisional Magistrate under Section 14 of the Secutirisation Act for taking possession of the immovable properties of the petitioner.

3. It appears that the respondent No.2, the concerned District Magistrate, by order dated 1st February, 2012 delegated his power u

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