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2018 Supreme(Raj) 1996

VIJAY BISHNOI
Anil Kumar Sotwal – Appellant
Versus
District Magistrate – Respondent


Advocates Appeared:
Mr. Vishal J. Dave, Mr. Falgun Buch and Mr. Nipun Singhvi, Advocates, for the Petitioner

JUDGMENT

Vijay Bishnoi, J. - This writ petition is filed by the petitioners praying for following reliefs:

    "It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and

      i. By an appropriate writ order or direction, the impugned order dated 08. 11. 2017 (Annex-8) passed by the District Magistrate Jodhpur while exercising its power under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act (hereinafter to be referred as 'the SARFAESI Act') may kindly be quashed and set aside, the respondent NBFC may kindly be directed to restore the possession of the petitioners on the property in question.

        ii. By an appropriate writ order or direction, the impugned notice dated 15. 01. 2018 (Annex-10) informing the petitioners about the auction proceedings proposed to be taken by the respondent NBFC and all further proceedings may kindly be quashed and set aside and the respondent NBFC may kindly be directed to accept the outstanding amount due on the part of petitioners and regularize/upgrade the loan account of the petitioners.

          iii. Any other appropriate, writ, direction or order which this Hon'ble Co

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