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2019 Supreme(Jhk) 333

SUJIT NARAYAN PRASAD
Magadh Spun Pipes Limited through its Director Subash Abhimanu Singh – Appellant
Versus
State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi – Respondent


Advocate Appeared:
For the Petitioner:Mr. Navniti Prasad Singh, Sr. Advocate. and M/s. Indrajit Sinha and Arpan Mishra, Advocates.
For the Respondent:Mr. Rajesh Kumar, Advocate.

JUDGMENT :

This writ petition is under Article 226 of the Constitution of India in which the following prayers have been made:-

(i) For quashing the order dated 20th February, 2017 (Annexure-3), passed by the Respondent No. 2 in exercise of the power conferred under Section 14 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (in short ‘SARFAESI Act, 2002) authorizing his subordinate authority to remove the petitioner and its officials, workers from the factory and office premises of the petitioner company and seal the same by taking over physical possession of entire movable and immovable property of the petitioner as being without jurisdiction, fraudulent, without authority of law;

(ii) To direct and command the respondent-authorities to remove the lock and unseal from the premises with immediate effect to the petitioner and restore back the possession of premises at Hirodih within Jainagar Police Station of Koderma District.

(iii) To Award reasonable compensation against the authorities for illegality committed resulting into serious damage/loss of reputation and the good will of the petitioner Company and for loss and d









































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