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2022 Supreme(All) 1311

SUNITA AGARWAL, VIPIN CHANDRA DIXIT
Shipra Hotels Limited – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Komal Mehrotra, Aditya Sharma, Mohammad Khalid
For the Respondent: C.S.C., Raghav Dwivedi, Veerendra Kumar Shukla

JUDGMENT :

1. Heard Sri Amit Saxena learned Senior Counsel assisted by Sri Komal Mehrotra learned counsel for the petitioners, Sri Manish Goyal learned Additional Advocate General assisted by Sri Apoorva Hajela learned Standing Counsel for the State-respondents, Sri Anurag Khanna learned Senior Counsel assisted by Sri Veerendra Kumar Shukla learned counsel for the respondent No.3 and Sri Navin Sinha learned Senior Counsel assisted by Sri Raghav Dwivedi learned counsel for respondent No. 4. Ms. Rekha Singh learned Advocate holding brief of Sri Sanjay Kumar Gupta appeared for the respondent bank. Sri Utkarsh Singh learned counsel for the petitioner in Writ-C No. 27814 of 2022 has adopted the arguments of Sri Amit Saxena learned Senior Counsel on the issue of providing opportunity of hearing at the stage of the decision by CMM/DM under Section 14 of the SARFAESI Act' 2002. Learned counsels for the petitioners in other connected writ petitions have also adopted the arguments of the learned Senior Counsels for the petitioners.

2. The common dispute raised in all the connected writ petitions is about the validity of the order passed under Section 14 of the Securitisation and Reconstruction

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