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2017 Supreme(MP) 179

SHEEL NAGU
Dharmendra Kumar Chhabra – Appellant
Versus
Allahabad Bank Thr. Branch Manager – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri D.K. Katare with Shri P.D. Bidua, Counsel
For the Respondents: Shri Praveen Surenge with Shri Harshvardhan Topre, Counsel

JUDGMENT :

Sheel Nagu, J.

Shri D.K. Katare with Shri P.D. Bidua, counsel for the petitioner

Shri Praveen Surenge with Shri Harshvardhan Topre, counsel for the respondents.

1. The present petition seeks review of the final order dated 07.10.2014 passed in WP No. 2967/2014 whereby petition in question assailing the action of the bank in putting to auction the secured assets under the Securitazation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( For brevity "SRFAESI Act") was dismissed on the ground of non-availing of remedy of appeal under Section 18 of the SARFAESI Act.

2. Learned counsel for the rival parties are heard.

3. Shri Katare and Shri Bidua counsel for the petitioner distinguishing on facts the case of Lokendra Singh v. State of M.P & Ors. decided 25.02.2014 in WP No. 1421/2008 contends that factual scenario is distinct. It is submitted in continuation that in the decision of Lokendra Singh (supra) reference made to the civil suit in respect of joint Hindu Family property, had been dismissed and therefore there was no decree passed in favour of anyone and thus, it was similar to the case of petitioner where there was no civil suit filed a


















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