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2022 Supreme(Guj) 1565

BHARGAV D. KARIA
VISABHAI PUNABHAI PADSARIYA – Appellant
Versus
ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL CHIEF JUDI MAGISTRATE – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: KRUTI SHAH, YOGESH G. KANADE.

ORDER :

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

    “(a) Be pleased to quashed and set aside the order dated 9.9.2002 passed by the Ld. Additional Sr. Civil Judge, Surat in CRMA/2700/2022 and intimation dated 17.11.2022 issued by Court Commissioner, Surat u/s 14 of the SARFAESI Act in the interest of justice.

(b) Pending admission, hearing and final disposal of this petition stay the implementation and operation of the order dated 9.9.2022 passed by the Ld. Additional Sr. Civil Judge, Surat in CRMA/2700/2022 and intimation dated 17.11.2022 issued by Court Commissioner, Surat u/s 14 of the SARFAESI Act in the interest of justice.

(c) Grant such other and further relief as thought fit in the interest of justice.”

2. The petitioner herein 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 ‘SARFAESI Act’) by referring this petition.

3. It is the case of the petitioner that the respondent Union Bank of India sanctioned the Home Loan of Rs. 24 Lakhs to purchase the residential premises in the year 20

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