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2024 Supreme(Guj) 528

HEMANT M. PRACHCHHAK
Jagdishkumar Jayantilal Parmar – Appellant
Versus
Aavas Financiers Limited – Respondent


Advocates Appeared:
For the Petitioner: Mehul A. Surati.
For the Respondents: Mr. Ankur Y. Oza, Mr. Virendra M. Gohil, Notice Unserved.

ORDER :

1. By way of present petitions, the petitioners have prayed for the following reliefs :

    “A) Be pleased to quash and set aside impugned Notice dated 19.12.2023 and 23.11.2023, passed by the respondent No.1 bank and;

B) Be pleased to quash and set aside all the measures initiated by the respondent no.1 under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in connection with the mortgaged property;

C) Pending admission, hearing and final disposal of this petition be pleased to direct the respondents to maintain status quo of the residential property which is in physical possession of the petitioners;

D) Ex-parte Ad-interim relief in terms of Para 7 (C);

E) Costs of this petition are awarded;

F) Any other relief, order or direction which may be just, fit, proper and equitable in the fact and circumstances of the Petition.”

2. Heard learned advocate Mr.Mehul Surati, appearing on behalf of the petitioners, learned advocate Mr.Ankur Oza, appearing on behalf of the respondent No.1 and learned advocate Mr.Virendra Gohil, appearing on behalf of the respondent No.6.

2.1 The original borrower, co-borrower and guarantor, who have also rece

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