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2021 Supreme(UK) 520

SHARAD KUMAR SHARMA
Rakhi Bera – Appellant
Versus
District Magistrate – Respondent


Advocates Appeared:
Mr. Tapan Singh, Advocate, for the Appellant, Mr. Ajay Singh Bisht, Addl. CSC, for the Respondent.

JUDGMENT

Sharad Kumar Sharma, J. - The grievance raised by the petitioner(s) in the present writ petition is that, as a consequence of initiation of the proceedings under Section 13 of the SecuritisationF and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter to be called as "the SARFAESI Act, 2002") an action under Section 13(4) of the Act, of taking over of the possession over the mortgaged property in question, has already been undertaken by the respondents, though petitioner in his petition alleges that the possession, has been taken forcefully, when he was not available over the property in question and his family members, who were residing alone there in the premises, were forcefully dispossessed.

2. Learned counsel for the petitioners contends that during the pendency of the proceedings before the D.R.T, which was initiated by the petitioners pursuant to the earlier directions, which was issued by this Court, in fact, he had drawn proceedings under Section 17 of the SARFAESI Act, 2002, in compliance of the judgement dated 29.01.2021, which was rendered in Writ Petition (M/S) No. 224 of 2021, in which the petitioners contend that he h

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