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2022 Supreme(P&H) 455

M. S. RAMACHANDRA RAO, H. S. MADAAN
Shriram Housing Finance Limited – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Harsh Chopra, Advocate, for the Appellant; Mr. S.S. Pannu, Dag, Haryana, Mr. Ishaan Ksheterpal, Advocate, for the Respondent.

JUDGMENT

M.S. Ramachandra Rao, J. - In this Writ petition the petitioner has challenged order dt. 24.05.2018 (P7) passed by the District Magistrate, Kaithal (Respondent No.2).

2. The Back Ground Facts

3. The Writ petitioner is a financial institution.

4. Respondent No.5, his deceased mother, namely, Saroj Rani and family members had availed loan against property for an amount of Rs. 28,39,988/- vide loan agreement dt. 28.5.2016.

5. To secure the said loan, the above referred borrowers had created security interest over their residential property and some agriculture land by way of equitable mortgage of deposit of title deeds in favour of the petitioner.

6. On account of default by the borrowers, their loan account was declared as Non Performing Asset (NPA) by the petitioner on 08.05.2017.

7. Thereafter a demand notice dt. 24.07.2017 (P2) under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short 'the SARFAESI Act'] was issued through speed post to respondent No.5 and his late mother (during her lifetime), demanding total outstanding of Rs. 31,48,379/-, which was outstanding and demanded a payment of the same w

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