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2020 Supreme(J&K) 476

Cecil Pharmaceutical Pvt. Ltd. – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
For the Appellant :Anuj Dewan Raina, Advocate
For the Respondents:Parveen Kapahi, Abhimanyu Sharma and Abhinav Malhotra, Advocates

JUDGMENT :

Javed Iqbal Wani, J.

1. This is an appeal filed under Section 18-B of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (herein after for short 'the Act of 2002').

2. The appellants challenge order dated 20.03.2020 (hereinafter for short the impugned order) passed by the Principal District Judge, Samba, (hereinafter for short the court below) upon an application filed by the appellants herein under Section 17-A of the Act of 2002 wherein inter-alia amongst other reliefs quashment of e-auction sale notice dated 07.12.2018 had been sought.

3. Before dealing with the instant appeal, it would be necessary to extract and refer here under Section 17, Section 17-A as also to Section 18 and Section 18-B of the Act of 2002, being relevant and germane to the controversy.

    17. Application against measures to recover secured debts--

(1) Any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorized officer under this chapter, [may make an application along with such fee, as may be prescribed,] to the Debts Recovery Tribunal having jurisdic

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