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2019 Supreme(Guj) 1094

J.B.PARDIWALA
Bank of Baroda – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bharat T. Rao
For the Respondents: Bharat T. Rao and Ronak Raval, AGP

JUDGMENT :

J.B. Pardiwala, J.

1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant, a nationalized bank, has prayed for the following reliefs:

    "(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction by quashing and setting aside the public notice issued by the respondent no. 3 at Annexure-P published in Gujarat Samachar newspaper dated 20.08.2018, for the reasons stated in the Memo of Petition and in the interest of justice;

(B) Pending admission, hearing and final disposal of the above Special Civil Application, Your Lordships may be pleased to restrain the respondent nos. 1 to 3 from taking any further action, pursuant to the public advertisement given by them in Gujarat Samachar newspaper dated 20.8.2018 (Annexure-P), in view of the provisions of Section 26-E of the SARFAESI Act, 2002 coupled with the fact that the petitioner is in possession of the property in question from 02.08.2017 and making efforts to dispose of the property in question through public auction, for the reason

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