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2012 Supreme(All) 3243

ASHOK BHUSHAN, ABHINAVA UPADHYA
DILIP KUMAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Deepak Kumar Jaiswal and Sanjay Kumar Gupta for the Petitioners; C.S.C., P.N. Tripathi, Tarun Verma and Vikram D. Chauhan for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—Heard Sri Deepak Kumar Jaiswal learned counsel for the petitioners, Sri Tarun Verma appearing for the Allahabad Bank and learned Standing Counsel for the State-respondents.

2. By this writ petition, the petitioners have prayed for quashing the order dated 3rd August, 2012 passed by the District Magistrate, Mirzapur under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 directing for providing police help for taking possession of the mortgaged assets. A writ of mandamus has also been sought commanding the respondent Nos. 2 to 5 not to dispossess the petitioners from their residential house situate at Plot No. 78/1, Bhajan Ka Pura, Mirzapur.

3. Brief facts of the case as emerge from pleadings in the writ petition, are; petitioners took a housing loan of Rs. 12,00,000/- from Allahabad Bank on 8th July, 2004. The security interest was credited on the Plot No. 78/1. Default was committed by the petitioners in repayment of loan, consequently the Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (her






































































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