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2014 Supreme(All) 1849

D. Y. CHANDRACHUD, MANOJ MISRA
REETA SRIVASTAVA – Appellant
Versus
DISTRICT MAGISTRATE, LUCKNOW – Respondent


Advocates:
Counsel :
Jitendra Saksena and Ashok Kumar Yadav for the Petitioner; C.S.C. and Shakti Ojha for the Respondents.

JUDGMENT

By the Court.—By these proceedings, the petitioner seeks to question the legality of an order passed by the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (Securitisation Act).

2. In the application which was filed before the District Magistrate, the second respondent pleaded that it had extended financial assistance in the amount of Rs. 10 lacs to the borrowers who had executed a security agreement on 15 September 2005 against immovable property. The petitioner is a co-borrower. On a default committed by the borrowers, the second respondent stated that it had issued a demand notice on 24 June 2011 under Section 13(2) calling upon the borrowers to repay the entire dues in the amount of Rs. 10,69,589/- within 60 days. According to the petitioner, on 1 September 2011, the second respondent affixed a possession notice on the property. The petitioner challenged the possession notice by filing a securitisation application under Section 17 of the Securitisation Act before the Debt Recovery Tribunal. The application is pending. Admittedly, no interim order enures to the benefit of the





















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