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2017 Supreme(MP) 917

VANDANA KASREKAR
Prafulla Kumar Maheshwari – Appellant
Versus
Authorized Officer & Chief Manager – Respondent


Advocates Appeared:
For the Petitioner: Shri Rajesh Maindiretta, learned counsel.
For the Respondent:Shri A.C. Thakur, learned counsel, Shri Ankit Agrawal, learned Govt. Advocate, Shri Wajid Hyder, learned counsel.

ORDER :

The petitioner has filed the present writ petition challenging the orders dated 30/11/2016 and 23/03/2017 passed by respondent No.3.

2. Nav Bharat Press Private Limited had availed certain financial assistance from respondent-bank. For securing the said credit facilities, the immovable property belonging to the petitioner i.e. Plot Nos. 118 to 124, Swami Dayanand Saraswati Marg, Jabalpur having area admeasuring 14035 sq. ft. bearing Survey No.65, Block No.99 of Nagar Nigam, Jabalpur together with building and structure was mortgaged. Respondent-bank for realization of its outstanding dues initiated action under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act of 2002') and the Security Interest (Enforcement) Rules, 2002 (in short 'the Rules of 2002') against the borrower and the petitioner. Notice under Section 13(2) of the Act of 2002 was issued by respondent-bank on 14/02/2007 and thereafter measures under Section 13(4) of the Act of 2002 were taken on 26/04/2007. Thereafter the respondent-bank moved an application under Section 14 of the Act of 2002 for taking phy















































































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