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2022 Supreme(Guj) 496

BHARGAV D.KARIA
RUPANI BINABEN VINUBHAI – Appellant
Versus
MOHANBHAI RAVJIBHAI CHOVATIA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR DEVANG LATHIGARA
For the Respondent: MR JR SHAH

ORDER :

1. Heard learned advocate Mr. Devang Lathigara for the petitioner and learned advocate Mr. J.R.Shah for respondent No.2.

2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs:

    “A. That this Hon’ble Court may be pleased to issue a writ of mandamus or any other writ, order or direction to quash and set aside the notice at Annexure F to this petition by which the respondent Bank took the possession of the petitioners property declaring the same as illegal, void and violative of the fundamental rights.

B. Pending the hearing and final disposal of this petition this Hon’ble Court may be pleased to restrain the respondent No.2 bank from proceeding further pursuant to the notice at Annexure F by an appropriate writ, order or direction.

C. The Registry of DRT may be directed to accept the appeal under section 17 of the SARFESAI Act, and the Registry may not insist for court fees as required to be paid by the borrower since the petitioner is neither borrower nor guarantor and only fees qua equivalent to be va

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