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2018 Supreme(Jhk) 1348

RAJESH SHANKAR
Rekha Devi – Appellant
Versus
Central Bank of India, through the Deputy Regional Manager, Ranchi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Birendra Kumar
For the Bank : Mr. P. S. A. S. Pati Mr. Rohan Kashyap
For the State : Mr. Kaustav Panda, A.C to G.A

JUDGMENT :

1. The present writ petition has been filed for quashing the entire proceeding of SARFAESI Case No. 14/2018 including the order dated 12.06.2018 (Anneuxre-2 to the writ petition) passed by the respondent No.3 on the application filed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act, 2002’) to take physical possession of the residential house of the petitioners without determination of the issues on merit.

2. The factual background of the case, as stated in the writ petition, is that the petitioners had taken loan for construction of residential house from the respondent-Bank and the loan account subsequently became Non-Performing Assets (in short NPA). A notice under Section 13(2) of the SARFAESI, Act, 2002 was issued to the petitioners on 19.03.2013 and thereafter the symbolic possession of the mortgaged property was taken under Section 13(4) of the SARFAESI Act, 2002. Under the One Time Settlement (in short OTS) scheme, the petitioner was directed to deposit Rs.4,37,681/- till 31.03.2018 which according to the petitioners was not availed due to physic
















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