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2007 Supreme(All) 817

B.S.CHAUHAN, RAN VIJAI SINGH
Mahesh Chand Agarwal – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Shrikrishna Shukla and K. S. Bajpai, for Petitioners; Ashok Bhatnagar, Tej Prakash, C. K. Rai and S. C., for Respondents.

Judgement

Dr. B. S. CHAUHAN, J. :- This writ petition has been filed for quashing the recovery citation dated 14-8-2008 and recovery certificate dated 3-7-2006 basically on two grounds, i.e. the respondents be directed to reach the One Time Settlement with the petitioner and the respondents should not be permitted to make the recovery by issuing citation as arrears of land revenue once they have chosen to issue notice under Section 13(2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called the Act 2002).

2. We have heard Shri K. S. Bajpai holding brief of Shri Krishan Shukla learned counsel for the petitioners; Shri Ashok Bhatnagar for the Bank; Shri Tej Prakash for respondent No. 1 and the learned Standing Counsel Shri C. K. Rai for respondent No. 3. So far as the issue of issuing direction to settle the matter by reaching One Time Settlement is concerned cannot be accepted for the reason that no statutory provision has been brought to our notice wherein the respondent Bank is under a legal obligation to reach such a settlement.

3. The issue involved herein has been considered by the Division Bench of this Cou















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