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2024 Supreme(Online)(GUJ) 26691

HIGH COURT OF GUJARAT
MS. JUSTICE VAIBHAVI D. NANAVATI, J
RAJKOT NAGARIK SAHAKARI BANK LTD. – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
MR JANAK R SHAH(2656), MR TEJAS P SATTA(3149), MS POOJA ASHAR, AGP

ORAL ORDER

1. Heard Mr. Tejas P. Satta, the learned advocate appearing for the petitioner and Ms. Pooja Ashar, the learned AGP appearing for the respondent – State.

2. The petitioner herein is a Multi Cooperative Bank incorporated under the provisions of the Cooperative Societies Act and registered with the Reserve Bank of India as an Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( for short “SARFAESI Act, 2002”).

3. The petitioner herein is challenging the impugned communication dated 1.10.2022 wherein the respondent lifted the lien over the property bearing Survey Nos.7085, 7087 and 7090 in Diwanpura main road, Middle City, Wankaner alongwith the building situated upon the property. The petitioner herein has invoked Article 226 of the Constitution of India challenging the inaction of the respondent authority by lifting the lien over the property. The said communication is duly produced at Annexure-A.

4. Mr. Tejas P. Satta, the learned advocate appearing for the petitioner submits that the petitioner herein advanced loan / credit facility to one M/s. Saurashtra Ginning and Pressing, Partnership Firm for Rs.425/- lakhs in the year












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