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2019 Supreme(Raj) 1905

ASHOK KUMAR GAUR
Raju Ghosi Son Of Hameed Ghosi – Appellant
Versus
Allahabad Bank, Branch Sikar, Near Tapadiya Bagichi – Respondent


Advocates Appeared:
R.K. Agarwal, Advocate, Adhiraj Modi, Advocate

JUDGMENT

Ashok Kumar Gaur, J. - The instant writ petition has been filed by the petitioner challenging the sale/transfer by the sale certificate dt. 19th February, 2019, to be void, inoperative and bad in law and to restore the possession of secured asset permitting him to deposit the amount which may be found due by the Bank before or at the time of initiating the proceedings under Section 13(8) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "Act of 2002") read with Rules 8 & 9 of the Security Interest (Enforcement) Rules, 2002 (for short "the Rules of 2002").

2. Learned counsel for the petitioner submitted that the petitioner is lawful owner and is in possession of land under Patta No. 176 measuring 67.03 square yards, sitauted at Nayka Mohalla, Near Nageshwar Bagichi, Sikar. Counsel submitted that the petitioner had taken loan for construction of residential house from the respondent-Bank and the loan of Rs. 11,50,000/- was to be repaid in the 167 monthly installments and it was agreed between the parties that the petitioner would pay the monthly installment of Rs.13,814/-.

3. Counsel submitted that the petitio

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