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BOMBAY HIGH COURT
*F. M. Reis, K. L. Wadane, JJ.
Mr. G. Agni – Appellant
Versus
Mr. P. Rao – Respondent
| Table of Content |
|---|
| 1. overview of the facts leading to the writ petition (Para 1 , 2 , 3) |
| 2. arguments from the parties regarding jurisdiction and procedural claims (Para 4 , 5 , 6 , 7) |
| 3. court's analysis on the jurisdiction of the learned district judge and implications of the previous judgment (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. final conclusion on the validity of proceedings under sarfaesi act (Para 22 , 23) |
1. Heard Mr. G. Agni, learned counsel appearing for the petitioners, Mr. P. Rao, learned counsel appearing for the respondent No. 1 and Mr. D. Lawande, learned Government Advocate appearing for the respondent Nos. 3 and 4.
2. The above Writ Petition seeks for a direction inter - alia to quash and set aside the impugned orders dated 10.07.2014 and 30.10.2014 and the impugned notices dated 31.10.2011 and 20.11.2013 issued under S.13(2) and S.13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred to as " the SARFAESI Act") being illegal and bad in law.
3. Briefly, the facts of the case as stated by the petitioners are that the petitioner No. 1 appointed one Mr. Aj
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