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2023 Supreme(P&H) 825

LISA GILL, RITU TAGORE
Preetinder Singh and anr – Appellant
Versus
Peeramal Capital and Housing Finance Limited – Respondent


Advocates appeared:
Mr. Nandan Jindal, Advocate for the petitioners.

LISA GILL, J.

CM-16768-CWP-2023

Prayer in the application is for preponement of hearing of this petition.

For the reasons mentioned in the application as well as arguments addressed, hearing of the petition is preponed from 02.11.2023 for today itself, at request of learned counsel.

Application is disposed of, accordingly.

CWP-20811-2023 (O&M)

1. Petitioners in this writ petition are aggrieved of proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short – ‘SARFAESI Act’) initiated against them by the respondent. Petitioners seek quashing of order dated 11.07.2023 under Section 14 of SARFAESI Act passed by the learned Additional District Magistrate, Sangrur.

2. It is vehemently argued that petitioners never received any notice under section 13(2) of SARFAESI Act or any other notice and even order dated 11.07.2023, it is submitted, was obtained by the petitioners through an application under Right to Information Act, 2005. It is submitted that though there was financial indiscipline inasmuch as 37 instalments were not deposited, however, petitioners are ready and willing to deposit the amount due. Proceedings under SAR

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