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HIGH COURT OF MADHYA PRADESH
Smt. Mishri Bai – Appellant
Versus
Shubh Laxmi Mahila Cooperative Bank Ltd. – Respondent


Advocates:
Devaasheesh Dubey,Advocate General

Petitioners have filed the present petition being aggrieved by

the letter dated 02.03.2022 (Annexure P/16) written by the

Tehsildar, Knadiya, Indore/ respondent No.3 whereby petitioners

and respondents No.4 and 5 were directed to hand over the physical

possession of the ground floor of property situated at EB-250 (Old

No.BB-1), Sector-B, Scheme No.94, Near Bombay Hospital, Indore

(M.P.).

The facts of the case in short are as under:

[2]

Respondents No.4 and 5 took financial assistance of Rs.

35,00,000/- each (two loans) from respondent No.1/Bank. The

petitioners have stood as guarantors by mortgaging the property

situated at EB-250 (Old No.BB-1), Sector-B, Scheme No.94, Near

Bombay Hospital, Indore (M.P.) (hereinafter referred to as

''mortgaged property'') as a security against the said two loans. In

the month of January 2018, the aforesaid two loan accounts were

classified as None-Performing Assets (in short 'NPA') by the

- : 3 :-

respondent No.1/Bank followed by the issuance of notice under

Section 13(2) of the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002 (hereinafter

referred to as ' the SARFAESI Act). After receip

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