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2022 Supreme(Online)(Bom) 3567

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE K.R. SHRIRAMHON'BLE JUSTICE SHRI ARIF S. DOCTOR
SHAILESH GUPTA AND ORS – Appellant
Versus
ASSET RECONSTRUCTION COMPANY LTD AND ORS – Respondent
WP/4880/2022



2022:BHC-AS:21512-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4885 OF 2022

1. Mr. Sunil Gupta, age 58 years ) residing at 7/51, Tilak Nagar, Uttar Pradesh ) 2. Mr. Sandeep Gupta, age 56 years ) residing at 7/51, Tilak Nagar, Uttar Pradesh ) 3. Mr. Bharat Gupta, age 44 years )

residing at 7/51, Tilak Nagar, Uttar Pradesh ) ….Petitioners V/s.

1. Asset Reconstruction Company (India) Ltd. ) A company incorporated under the Companies Act, ) 1956 and registered as a Securitization and Asset ) Reconstruction Company pursuant to Section 3 of ) the SARFAESI Act having its registered office at ) The Ruby, 10th Floor, Senapati Bapat Marg, Dadar ) (West), Mumbai 400 028 ) 2. M/s. Hi-Tech International ) having its office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 3. Mr. Rajiv Dharnidharka ) having his office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 4. Smt. Gangadevi Dharnidharka ) having her office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 5. Smt. Sunita Sanjiv Dharnidharka ) having her office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 6. Mr. Sanjiv Dharnidharka ) having his office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 7. Smt. Sharadha Dharnidharka ) having her office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 8. Smt. Sangeeta Agrawal ) W/o. Pawan Agrawal ) having her office at 5 Trishla Building )

122 Sheikh Memon Street, Mumbai 400 002 ) 9. Mr. Ashok Dharma Bhoir (Deceased) ) through Legal Representatives : )

)

(i) Vimal Ashok Bhoir )

Village Sirol, Post Kashara, Tal. Shahpur, Thane )

(ii) Sonu Ashok Bhoir ) Village Sirol, Post Kashara, Tal. Shahpur, Thane ) 10. Mr. Dashrath Dharma Bhoir (Deceased) ) through Legal Representative : )

)

(a) Darshana Dashrath Bhoir )

Village Sirol, Post Kashara, Tal. Shahpur, Thane

11. Mr. Mahesh P. Goenka ) 222-G Kewal Cross Lane No.10, Vigas Street, ) Mumbai 400 002 ) 12. M/s. Agani Exports Private Limited ) having its office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 13. M/s. Ganesh Exports ) having its office at 5 Trishla Building )

122 Sheikh Memon Street, Mumbai 400 002 ) ….Respondents WITH WRIT PETITION NO.4880 OF 2022

1. Mr. Shailesh Gupta, age 51 years ) residing at 7/51, Tilak Nagar, Uttar Pradesh ) 2. Mr. Devesh Gupta, age 48 years ) residing at 7/51, Tilak Nagar, Kanpur, ) Uttar Pradesh ) 3. Mr. Tarun Gupta, age 44 years ) residing at 7/51, Tilak Nagar, Kanpur, ) Uttar Pradesh ) Also at : A-46, Defence Colony, Mawana Road, ) Meerut ) 4. Mr. Sanjay Gupta, age 59 years ) residing at 7/51, Tilak Nagar, Kanpur, )

Uttar Pradesh ) ….Petitioners V/s.

1. Asset Reconstruction Company (India) Ltd. ) A company incorporated under the Companies Act, )

1956 and registered as a Securitization and Asset ) Reconstruction Company pursuant to Section 3 of ) the SARFAESI Act having its registered office at ) The Ruby, 10th Floor, Senapati Bapat Marg, Dadar ) (West), Mumbai 400 028 ) 2. M/s. General Blends & Spirits Company ) having its office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 3. Mr. Rajiv Dharnidharka ) having his office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 4. Mr. Sanjiv Dharnidharka ) having his office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 5. Smt. Sunita Sanjiv Dharnidharka ) having her office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 6. Smt. Sharadha Dharnidharka ) having her office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 7. Smt. Sangeeta Agrawal ) W/o. Pawan Agrawal ) having her office at 5 Trishla Building ) 122 Sheikh Memon Street, Mumbai 400 002 ) 8. Mr. Ashok Dharma Bhoir (Deceased) ) through Legal Representatives : )

)

(i) Vimal Ashok Bhoir )

Village Sirol, Post Kashara, Tal. Shahpur, Thane )

(ii) Sonu Ashok Bhoir ) Village Sirol, Post Kashara, Tal. Shahpur, Thane ) 9. Mr. Das

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