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2018 Supreme(Online)(Chh) 674

CHHATTISGARH HIGH COURT
Arvind Singh Chandel, J
Vishal Chopra and Others v. State of Chhattisgarh and Others


Advocates:
For the Appellants/Petitioners: Manoj Paranjpe
For the Respondents: Sanjeev Sagar

1. Invoking the jurisdiction of this Court under Art.226 of the Constitution of India, the petitioners herein have called in question legality, validity and correctness of the order passed by the Collector and District Magistrate, Raipur under S.14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') by which it has been directed to take physical possession of the subject land from the petitioners.

2. Necessary facts needed to adjudicate the dispute to correct the order dated 20-3-2017 state as under: -
2.1. Respondent No.3 being a financial institution took an action under S.13(4) of the SARFAESI Act against which the petitioners have preferred Securitisation Application before the Debts Recovery Tribunal at Jabalpur in which interim order dated 28-3-2017 has been passed. In the meanwhile, respondent No.3 has filed an application under S.14 of the SARFAESI Act before the District Magistrate, Raipur along with an affidavit of Mr. Mahesh Parashar, authorized officer, in which the petitioners were noticed and ultimately, time up to 15-3-2017 was granted and the case was fixed on 20-3-2017 and on 2














































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