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2023 Supreme(UK) 638

RAVINDRA MAITHANI
U. S. A. Solar Systems – Appellant
Versus
Uttarakhand State Co-Operative Bank Limited – Respondent


Advocates Appeared:
For the Petitioner:Mr. Arvind Vashistha, Senior Advocate, assisted by Mr. K.R. Gazi.
For the Respondent:Mr. B.M. Pingal, Advocate, holding brief of Mr. Siddharth Jain.

JUDGMENT :

Ravindra Maithani, J.

By means of instant petition, the petitioner seeks the following reliefs:-

    “(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 09.08.23 (Annexure No.09) issued in purported exercise of powers under section 13 (2) of the Securitisation of Security Interest Act, 2002 passed by Authorized Officer Uttarakhand State Co-Operative Bank Limited (Apex Branch), Administrative Building, Nainital Road, Haldwani (Respondent no.1).

(ii) To issue a writ, order of direction in the nature of Mandamus directing the respondent not to proceed with their action under section 13 (2) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the petitioner.

(iii) Pass any other or further order (s)/writ (s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.

(iv) Award the cost of the petition to the petitioners.”

2. Heard learned counsel for the parties and perused the record.

3. It is the case of the petitioner in order to establish a solar power project, he took loan of Rs.2,70,00,000/- Lakh from the respondent no.1, the Uttarakhand S

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