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2023 Supreme(Guj) 4

BHARGAV D. KARIA
Ghambhirsinh Keshubha Jadeja Proprietor Jadeja Enterprise – Appellant
Versus
India Home Loan Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.L. Vaishya.

ORDER :

1. 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 Lordships may be pleased to pass the order to quash and set aside notice which is given by the Metropolitan Magistrate dtd. 2/1/203.

(C) Your Lordships may kindly be pleased to pass order of interim relief the notice dtd. 2/1/2023 may kindly be stayed execution, implementation and operation may be stayed.

(D) Any other and further reliefs may kindly be granted in the interest of justice."

2. Brief facts of the case are as under :

    The petitioner approached India Home Loan Ltd-respondent No.1 herein for housing loan of Rs.25,00,000/-. In order to secure the due repayment of the aforesaid credit facilities, the respondent No.1 mortgaged the property and 2, Sidheshwari CHS Limited, Behind Sindhwai Temple, Near CTM Cross Road, Ramol, Ahmedabad. On account of defaults committed by the petitioner in repayment of the outstanding dues, the account of the petitioner has been classified as NPA.

The respondent issued notice u/s. 13(2) of the Securitization and Reconstruction of Financial Assets an

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