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2015 Supreme(Ker) 1283

ASHOK BHUSHAN, A.M.SHAFFIQUE
Sundaram BNP Paribas Home Finance Limited – Appellant
Versus
Nisha – Respondent


Advocates:
Advocate Appeared:
Sri. Varghese C. Kuriakose
Sri. Jacob Sebastian

JUDGMENT

Ashok Bhushan, J.

This writ appeal has been filed against the judgment dated 06/11/2015 passed by the learned Single Judge in W.P.C.No.33724/2015 filed by the respondent. Respondent has taken financial assistance from the appellant, which is a financial institution. A loan of Rs.50,00,000/- was disbursed to the writ petitioner in 2013 which was to be repaid over a period of 20 years. Certain default was committed by the writ petitioner. Consequently, the appellant initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act). Thereafter a possession notice dated 14/07/2015 (Ext.P2) was issued. The writ petitioner filed the writ petition praying for the following reliefs:

“i) Call for the records leading to exhibit P2 and quash it, issuing a writ in the nature of certiorari;

ii) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction commanding the first respondent to furnish to the petitioner a detailed statement of accounts pertaining to his housing loans;

iii) Issue a writ of mandamus, order or direction commanding the respon












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