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2022 Supreme(Guj) 1578

N. V. ANJARIA, BHARGAV D. KARIA
Himanshu Prafulchandra Varia – Appellant
Versus
Varia Engineering Works Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS NATASHA SUTARIA
For the Respondent: HCLS COMMITTEE, MR RITURAJ M MEENA, MS NIDHI N PRAJAPATI, TARUNA R MAKWANA

JUDGMENT :

BHARGAV D. KARIA, J.

1. Heard learned advocate Ms. Natasha Sutaria for the petitioners, learned advocate Ms. Nidhi Prajapati for respondent no.1, learned advocate Mr. Rituraj Meena for respondent nos. 2 to 10 and learned advocate Mr. Taruna Makwana for respondent no.11.

2. Rule returnable forthwith. Learned advocate Ms. Nidhi Prajapati waives service of notice of rule on behalf of respondent no.1, learned advocate Mr. Rituraj Meena waives service of notice of rule on behalf of respondent nos. 2 to 10 and learned advocate Mr. Taruna Makwana waives service of notice of rule on behalf of respondent no.11.

3. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have challenged order dated 28.11.2019 passed by the Recovery Officer-II, DRT-I, Ahmedabad in Recovery Proceedings No. 694/2018 in Original Application No.184/2017 as well as pre-intimation notice dated 3.12.2019 for taking physical possession of the assets/properties of the petitioners. The petitioners have also prayed for quashing the entire process of recovery proceedings initiated by the respondent banks in the aforesaid Recovery Proceedings No. 694/2018 in Original Application No.

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