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2009 Supreme(All) 911

RAJES KUMAR, AMITAVA LALA
Ace Media Advertisers Pvt. Ltd. – Appellant
Versus
Bank of Baroda – Respondent


Advocates appeared
Bhagwati Prasad Singh, Vivek Kumar Singh, for Petitioners; Satya Jeet Mukharjee, for Respondents.

Judgment

AMITAVA LALA, J. :- This writ petition has been filed by the petitioners to get a writ or direction issued in the nature of Certiorari to quash the impugned order dated 11th December, 2008 passed by the respondent No, 2 and notice dated 14th October, 2008 issued under Section 13 (2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the Securitisation Act).

2. It appears to this Court that by an order dated 26th November, 2008 passed in Civil Misc. Writ Petition No. 61141 of 2008, M/s. Ace Media Advertisers Pvt. Ltd. and others. v. Branch Manager and others, this Bench was pleased to pass following order:

"The contention of the petitioners is that there is an order of Debt Recovery Tribunal in favour of the respondents-bank and against the said order appeal is pending and, therefore, notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "Act, 2002") : cannot be issued. It has been contended before this Court that two simultaneous remedies cannot be availed by the concerned bank, therefore, notice unde

































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