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2013 Supreme(All) 695

ASHOK BHUSHAN, ABHINAVA UPADHYA
RATAN KUMAR – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates:
Counsel :
Kartikeya Saran and V.B. Shukla for the Petitioners; C.S.C., Archana Singh, B.K. Tripathi, P.K. Tripathi, S.F.A. Naqvi and Vipin Sinha for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—These three writ petitions have been heard together and are being decided by this common judgment.

2. In Writ Petition No. 64630 of 2012 (Ratan Kumar and others v. State Bank of India and others) pleadings are complete which is being treated as leading writ petition.

3. Brief facts giving rise to these three writ petitions are; M/s J.P. Telecom obtained a cash credit limit and term loan from State Bank of India. Smt. Jaggi Devi was one of the guarantors of the loan. House No. 149, Bai Ka Bagh, Kydganj, Allahabad was mortgaged to the Bank by deposit of title deed. The guarantee agreement was executed on 25th June, 2007. The borrower failed to repay the loan. The State Bank of India initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 2002 Act) by issuing notice under Section 13(2) dated 25th August, 2008 for recovery of its dues. A notice was also sent to Smt. Jaggi Devi wife of Raja Ram and Ajay Kumar son of Raja Ram, the guarantors. The details of House No. 149 which was mortgaged, was mentioned in Part-II of the notice. The borrower fai



































































































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