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2012 Supreme(All) 1543

SUNIL AMBWANI, SUNITA AGARWAL
PUSHPA PATHAK – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.K. Misra and Mukesh Singh for the Petitioner; Sanjeev Singh, Ashish Agrawal and C.S.C. for the Respondents.

JUDGMENT

By the Court.—We have heard Shri S.K. Misra holding brief of Shri Mukesh Singh for the petitioner. Shri Sanjeev Singh appears for the Union Bank of India and represents respondent Nos. 2 and 3. Learned Standing Counsel appears for respondent Nos. 1, 4, 5 and 6.

2. Brief facts giving rise to this writ petition, are that the petitioner’s husband late Shri Anand Kumar Pathak availed Cash Credit facility of Rs. 19 lacs as well as housing loan of Rs. 20 lacs, from the respondent bank sometimes in the year 2006. He could not pay the installments in time on which the bank issued notices under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act, 2002) dated 16.8.2010 for realising outstanding dues of Rs. 23,18,110.24 paisa in Housing loan account by securitising the security interest in the mortgaged property. (Land and Building: House in Village Sukhipur, Tehsil Sadar Jaunpur in the name of Smt. Pushpa Devi, wife of Late Shri Anand Kumar Pathak); and Rs. 21,50,696.68 paisa in C.C. (H) (Housing Loan Account) by securitising the security interest in mortgaged properties (L


















































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