CHHATTISGARH HIGH COURT
Prashant Kumar Mishra, J.
Mahesh Dwarka Das Sachdev and Another v. State of Chhattisgarh and Others
1. In this petition under Art.226 of the Constitution of India, the petitioners would pray for quashment of the orders dated 13.04.2015 & 20.07.2015 passed by the respondent No. 2, Collector / District Magistrate, Raipur directing delivery of possession of the mortgaged property to the respondent No. 3, India Bulls Housing Finance Limited. By the second order, the District Magistrate has rejected the petitioners' application for review of the previous order dated 13.04.2015.
2. The petitioners had obtained loan of Rs.48,50,000/-, Rs.40,34,542/- and Rs.1,22,00,000/- for their business and for construction of house as well. The loan facility was secured by creating mortgage of the residential property bearing plot Nos. C - 94/2 and C - 95/2 situated at Scheme No. 2 of the Raipur Development Authority, Devendra Nagar, Phaphadih, Raipur. On petitioners' failure to repay the loan amount, proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity 'the Act, 2002' ) were initiated. On petitioners' failure to repay the amount despite service of notice under S.13 (2) of the Act, 2002 and obtainmen
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