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TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
Malhotra Clinics Pvt. Ltd. – Appellant
Versus
Deputy General Manager (HQRS. ), Punjab & Sind Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SH. SANJEEV BHUSHAN, SH. VIRENDER THAKUR, ADVOCATE
For the Respondent: SH. GAURAV SHARMA, SH. ASHOK SHARMA, A.G. WITH SH. VINOD THAKUR, ADDL. AG. AND SH. YUDHBIR THAKUR, DY. A.G.

ORDER :

The instant petition has been filed for the grant of following substantive reliefs:-

    i. Issue a Writ in the nature of certiorari quashing possession notice issued under Section 13(4) of the SARFAESI Act, 2002 dated 05.02.2018 (Annexure P-5 (Colly) and the second possession notice under Section 13(4) dated 12.06.2018 (Annexure P-8 (Colly) issued under the SARFAESI Act, 2002 without deciding the objection/reply dated 27.09.2017 filed under Section 13(3-A) of the SARFAESI Act, 2002, in response to the demand notice issued under Section 13(2) dated 03.08.2017 of the SARFAESI Act, 2002 (Annexure P-1) and also without deciding objection/rely dated 12.01.2018 filed under Section 13(3-A) of the SARFAESI Act, 2002 to the demand notice dated 16.11.2017 under Section 13(2) of the SARFAESI Act, 2002 contrary to the law laid down by the Hon'ble Supreme Court of India in a case titled as 'ITC Limited V/s Blue Coast Hotels Ltd. & others' reported in 2018 AIR (SC) 3063, where the Hon'ble Apex Court held in Para 29 and 30 that Section 13(3-A)is a mandatory one and the Authorized Officer has to decide the objection/reply filed by the borrower/quarantor to the demand notice i.e. Notice under Se

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