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2024 Supreme(HP) 368

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Santosh Kumar – Appellant
Versus
Piramal Capital and Housing – Respondent


Advocates Appeared:
For the Petitioners:Ms. Madhurika Sekhon, Advocate.
For the Respondent:Ms Ridhi Bansal, Advocate, through V.C. a/w Mr Ajay Sharma, Advocate in person

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for quashing the order dated 25.04.2024 passed by learned Additional Chief Judicial Magistrate (ACJM), Court No.2, Shimla, H.P., vide which the application filed by the respondent under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) was allowed.

2. It has been asserted that the respondent/creditor filed an application seeking a direction to SHO to help the authorized ofÏcer to take possession of the secured asset. It was asserted that petitioners No.1 and 2 availed housing loan/non-housing loan credit facility of Rs.20,95,001/- against the security of the premises with an undertaking to repay the same as per the terms of the loan agreement. Petitioners created an equitable mortgage by deposit of the original title deed. The amount was declared a Non- Performing Asset (NPA) on 11.03.2021. The borrowers were liable to pay Rs.20,75,486/- to the respondent. The respondent issued a demand notice on 17.05.2021 under Section 13 (3-A) of the SARFAESI Act and asked the petitioners to clear the dues within 60 days. The petitioners failed

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