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2011 Supreme(All) 1485

SATYA POOT MEHROTRA, JAYASHREE TIWARI
Sanjay Kumar Yadav – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
Anand Mohan Pandey
C.S.C.,M.P. Sarraf

JUDGMENT

As per the averments made in the Writ Petition, the petitioner took housing loan from the respondent no.3-State Bank of Patiyala. The property in question was given as security for the said housing loan.

2. The petitioner committed default in payment of the said loan. Consequently, proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the Securitisation Act") have been initiated against the petitioner.?

3. Auction Notice dated 11th November, 2010 (copy whereof appears at Page 29 of the Paper-Book of the Writ Petition) has been issued in this regard.

4. An Order dated 19.4.2011 under Section 14 of the Securitization Act has been passed by the Chief Metropolitan Magistrate, Kanpur Nagar for taking possession of the secured asset.

5. The petitioner has filed the present Writ Petition, inter-alia, praying for quashing the said Order dated 19.4.2011.

6. We have heard Shri Anand Mohan Pandey, learned counsel for the petitioner, the learned Standing Counsel appearing for the respondent nos. 1 and 2, and Shri M.P. Sarraf, learned counsel for the contesting respondent no.3- State Bank of Patiyala, and h










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