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2016 Supreme(All) 1100

TARUN AGARWALA, VIPIN SINHA
RICH FIELD INDUSTRIES PVT. LTD. – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates:
Counsel :
Siddharth Khare for the Petitioner; C.S.C. and Satish Chaturvedi for the Respondents.

JUDGMENT

By the Court.—Heard Sri Ashok Khare, the learned Senior Advocate assisted by Sri Prateek Chandra, the learned counsel for the petitioner and Sri Satish Chaturvedi, the learned counsel appearing for the respondent bank.

2. The present writ petition has been filed by the petitioner with the claim that the petitioner is neither a borrower nor a guarantor and in fact is a lessee in pursuance of a valid lease deed executed by the borrower - respondent No. 2. The relief sought by the petitioner in the present writ petition is to the effect that the impugned order dated 1.1.2016 be quashed as it has been passed by the Additional District Magistrate purportedly in exercise of power under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘SARFAESI Act’). The petitioner has also made the following prayer in the writ petition:

“II. Issue a writ, order or direction in the nature of Mandamus directing the Respondent No. 1 to refrain from interfering with the possession of the property of the petitioner;

III. Issue a writ, order or direction in the nature of Certiorari or any other order or direc


















































































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