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2018 Supreme(MP) 183

S.C.SHARMA
Cholamandalam Investment and Finance Ltd. – Appellant
Versus
Additional District Magistrate & Ors, Indore – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Rishi Tiwari, learned counsel
For the Respondent:Shri H.Y Mehta, learned Government Advocate, Shri Sanjay Pathak, learned counsel

JUDGMENT :

1. The petitioner before this Court Cholamandalam Investment and Finance Ltd, is a company incorporated under the Companies Act and is a “financial institution” as defined under the provisions Securitization and Reconstruciton of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred as SARFAESI Act, 2002). The petitioner has filed the present petition being aggrieved by the order dated 06.11.2017 (Annexure-P/1).

2. The respondent Nos.2 to 8 are borrowers, who have approached the petitioner for grant of loan of Rs.3.35 crore and as the account was declared as non-performing assets, the petitioner taking shelter of the provisions of SARFAESI Act, 2002, issued a demand notice on 30.09.2006 under Section 13(2) of the SARFAESI Act, 2002 calling the respondent Nos.2 to 8 to pay amount of Rs.3.93,52,355/-. Notices were published in the newspaper also and respondent Nos.2 to 8. in spite of receipt of notice, did not repay the amount and in those circumstances on 28.01.2017, the authorized officer of the petitioner took possession of the property mortgaged by the respondents keeping in view the statutory provisions as contained under Section 12 and 1
















































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