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2019 Supreme(Jhk) 720

SUJIT NARAYAN PRASAD
Chief Manager, Bank of Baroda, Dhanbad Branch – Appellant
Versus
Amit Pandey – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ashish Verma, Mr. Rajesh Kumar, Mr. Rishi Kant, Advocates.
For the Respondents:Mr. Yogesh Modi, Mr. Kumar Gaurav, Advocates.

JUDGMENT :

All these writ petitions since involve the similar issues and as such the same have been directed to be listed together and have been heard together and now being disposed of by this common order.

2. The writ petition is under Article 227 of the Constitution of India, wherein order passed on 28.07.2017 (annexure-5) in Civil Misc. Appeal No.07 of 2017 by the Principal District Judge, Dhanbad, is under challenge, whereby and whereunder the order dated 04.01.2017 passed in Original Suit No.132 of 2016 rejecting petition under Order 39 Rule 1 and Rule 2 has been reversed by directing the respondent no.2, the petitioner herein, not to dispossess the plaintiff to the suit to the suit premises without following the due process of law till the disposal of the original suit.

3. The brief facts of the case as per the pleading made in these writ petitions is that the petitioner bank has sanctioned the loan by keeping the property in question mortgaged by a collateral security on 17.12.2009, again having become non-performing assets a notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter refer

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