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2017 Supreme(Online)(Chh) 312

IN THE HIGH COURT OF CHHATTISGARH
Not Mentioned, J
M/s Sanjay Bajpai Builders Pvt. Ltd. – Appellant
Versus
Diwan Housing Finance Corporation Limited – Respondent


Table of Content
1. challenge to notice under sarfaesi act. (Para 1 , 2)
2. argument on legal heirs not included. (Para 3 , 4)
3. notification process and response. (Para 5 , 6)
4. statutory remedy availed. (Para 7)
5. conclusion of dismissal. (Para 8)

1. The petitioners have preferred this writ petition under Art.226 of the Constitution of India seeking declaration that the entire action of the respondent - Diwan Housing Finance Corporation Limited (for short 'DHFC' ) since inception i.e. issuance of notice dated 24.5.2016 under S.13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act' ) is illegal and arbitrary. The petitioners have further prayed for restraining the respondent from taking symbolic and / or actual physical possession of the secured assets described in the impugned notice.

2. Facts of the matter, as projected in the writ petition, are that the petitioners have obtained loan of Rs.1,36,99,000/- on 29.3.2012, however, it committed a default in repayment of the loan, therefore, the respondent - DHFC has issued notice to the petitioners under S.13(2) of the Act for repayment of Rs.1,37,19,888/-


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