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2018 Supreme(P&H) 3579

AJAY KUMAR MITTAL, AVNEESH JHINGAN
Capital First Limited – Appellant
Versus
State Of Haryana And Others – Respondent


Advocates Appeared:
Sanjeev Singh, Adv., Harsh Chopra, Adv., Randhir Singh, Adv., Shikhar Sareen, Adv., Vaibhav Sareen, Adv., Mrigank Sharma, Adv.

JUDGMENT

Avneesh Jhingan, J. - The present writ petition has been filed for directions to respondents No.2 and 3 to hand over the physical possession of the secured asset to the petitioner by exercising powers under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, 'the Act').

2. The petitioner is a "Financial Institution" as per the provisions of the Act and by virtue of a notification of Ministry of Finance dated 05.08.2016. The State of Haryana; District Magistrate, Gurgaon; Naib Tehsildar-cum-Executive Magistrate; Sub Tehsil Kadipur, Tehsil and District Gurgaon have been arrayed as respondents No.1 to 3 respectively in the present writ petition. Respondents No.4 to 9 are the borrowers and respondents No.10 to 12 are the alleged tenants in the mortgaged property.

3. Respondents No.4 to 9 availed a loan of Rs. 6,80,27,000/- on 30.12.2013 from the petitioner. The loan was to be repaid in 180 monthly installments of Rs. 8,49,547/-each. In order to secure the cash credit facility, respondents No.4 to 9 mortgaged property situated at Khasra No.709(4-8), 711/1 (0-19) situated at Delhi Jaipur Road, Near H

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