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2022 Supreme(Guj) 299

BHARGAV D.KARIA
Rajubhai Kanubhai Bharwad – Appellant
Versus
South Indian Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Kirtan H. Mistry, Advocate.

JUDGMENT :

Bhargav D. Karia, J.:--

1. Heard learned advocate Mr. Chitrajeet Upadhyay for learned advocate Mr. Kirtan H. Mistry for the petitioner through video conference.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

    "(a) Your Lordships may be pleased to admit and allow this petition;

(b) Your Lordship be pleased to quash and set aside impugned order issued by the respondent No. 2 Authority or seizing the possession of the residential property under section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 owned by the petitioner herein dated 10/01/2022 at Annexure-A;

(c) That this Hon'ble Court may kindly be pleased to stay the execution, implementation and other ancillary proceedings qua the impugned order at Annexure-A;

(d) to pass any other such order in the interest of justice."

3. The petitioner has challenged the order passed under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short 'the SARFESAI Act'].

4. The petitioner availed the financial assistance from respondent N

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