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2023 Supreme(MP) 531

SUSHRUT ARVIND DHARMADHIKARI, PRAKASH CHANDRA GUPTA
Jyoti Tomar – Appellant
Versus
State of Madhya Pradesh Through Collector Indore – Respondent


Advocates Appeared:
Shri Vivek Phadke, Learned Counsel with Shri Rishi Shrivastava, Learned Counsel, for the Appellant; Shri Bhaskar Agrawal, Learned Govt. Advocate and Shri Sameer Kumar Shrivastava, Learned Counsel, for the Respondent.

ORDER

1. Heard finally, with the consent of the parties.

2. In this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality, validity and propriety of the order dated 18.08.2021(Anexure-P/5) passed by the respondent No.2 by which the proceedings under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(herein after referred to as .. "the Act of 2002")have been initiated against the property owned by the petitioner.

3. The brief facts leading to filing of the case are that the petitioner had purchased the house in question situated at House No.6, Bholenath Colony, village Sitapur, Pargana, Tehsil and District Indore(M.P.) vide registered sale-deed dated 30.05.2017 from the respondent Nos.3 and 4. After execution of the registered sale-deed, the respondents No.3 and 4 mortgaged the said house to the respondent No.2 without having any title in the property whatsoever and obtained loan from the Bank. The Bank without any verification took the property under mortgage from the respondents No.3 and 4 for which the petitioner cannot be made to suffer. A private complaint has al

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