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HIGH COURT OF GUJARAT
MR. JUSTICE HEMANT M. PRACHCHHAK, J
M/S JAYVEER INDUSTRIES – Appellant
Versus
M/S CFM ASSETS RECONSTRUCTION PVT. LTD. – Respondent
| Table of Content |
|---|
| 1. challenge to possession notice (Para 1 , 2) |
| 2. petitioners' claims of illegality (Para 3) |
| 3. disputed facts not adjudicated (Para 4 , 5 , 6) |
| 4. alternative remedy emphasized (Para 7 , 8 , 9) |
ORAL ORDER
1. By way of present petition under Article 226 of the Constitution of India , the petitioners have prayed for the following reliefs :
“(a) YOUR LORDSHIPS BE PLEASED to issue any appropriate writ, order or direction to quash and set aside the impugned notice dated 22/02/2024 passed by the Court Commissioner, Addl. Chief Judicial Magistrate, Radhanpur, as being illegal, without jurisdiction, in breach of the principles of natural justice and the provisions of the SARFAESI Act, 2002 and further direct the respondent bank to defer with the process of taking the physical possession of the property on 03/03/2024 in the interest of justice [At Annexure-A].
(b) YOUR LORDSHIPS BE PLEASED to stay the impugned notice dated 22/02/2024 passed by the Court Commissioner, Addl. Chief Judicial Magistrate, Radhanpur, as being illegal, without jurisdiction, in breach of the principles of natural justice and the provisions of the SARFAESI Act, 2002 and further be pleased to restrain th
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