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2022 Supreme(Guj) 529

BHARGAV D.KARIA
Bajaj Finance Ltd. Through Authorised Officer, Aniket Pareshbhai Desai – Appellant
Versus
Ld. District Collector, Navsari – Respondent


Advocates Appeared:
For the Petitioner: Mr. C.R. Abichandani.
For the Respondent: Mr. Dhawan Jayswal, AGP.

ORDER :

1. Heard learned advocate Mr. P.R. Abichandani for the petitioner and learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent-State through video conference.

2. By this petition under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs :

    “A. To quash and set aside the impugned order dated 23.12.2021 passed by the Ld. District Magistrate, Navsari in section 14 application and pleased to hold that the SARFAESI actions initiated by the petitioner is valid, legal and in accordance with law.

B. To stay pending the admission, hearing and final disposal of the present petition, the operation and implementation of the impugned order dated 23.12.2021 during the pendency of the petition.

C. To grant ad-interim relief in terms of para-B above.

D. To provide for the costs of this Special Civil Application.

E. To pass such other and further orders as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.”

3. Brief facts of the case are as under :

3.1 M/s. SSVB Business Limited (For short “the borrower company”) had availed financial assistance from the petitioner in the years 2013 and 2015. For such loan, M

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