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2019 Supreme(P&H) 1626

AJAY KUMAR MITTAL, MANJARI NEHRU KAUL
Amiti Gupta – Appellant
Versus
State Bank of India – Respondent


Advocates Appeaerd:Mr. Saurabh Goel, Advocate for the petitioners.
Mr. Anupm Gupta, Sr. Advocate with Mr. Gaurav Goel, Advocate for respondent No.1.
Mr. Ashwani Chopra, Sr. Advocate with Mr. Ashutosh Jerath, Advocate for respondents No. 2 and 3.

JUDGMENT

Mr. Ajay Kumar Mittal, J.:- The petitioners through the instant writ petition pray for a writ in the nature of certiorari for quashing the impugned sale notice dated 06.03.2018, Annexure P.1 and all proceedings and actions taken by respondent No.1-State Bank of India consequent and pursuant thereto, including auction proceedings dated 20.04.2018, Annexure P.2, sale confirmation letter dated 23.04.2018, Annexure P.3, qua house No.315, Sector-9, Panchkula being wholly, arbitrary, illegal, unfair and unjust, thereby causing undue loss to them. Direction has also been sought to respondent No.1-Bank to consider the offer of a much higher price of Rs. 2.05 crore than the auction price of Rs. 1,81,50,000/- for the house in question.

2. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. Petitioners No.1 and 2 were owners of residential house No. 315, Sector-9, Panchkula which was mortgaged as collateral security for availing loan from respondent No1- bank. The loan was availed by M/s Swami Automobiles Private Limited in which son of the petitioner No.2 and brother of petitioner No.1 is one of the Directors. M/s Swami Automo

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