ORDER

Heard finally with the consent of both the parties.

By way of the instant writ petition, the petitioner has assailed the order dated 28.06.2022 passed in Case No.0070/Anya Vividh/ 2022 by respondent no.1 whereby the application u/S 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (referred to as 'SARFAESI Act' hereinafter) filed by the petitioner has been dismissed.

2. Brief facts of the case are that the petitioner is a nationalised bank engaged in the business of banking. Respondent no. 2 approached the petitioner/bank for availing housing loan of Rs. 19,64,000/- (including overdraft HL). Respondent No. 3 who is the husband of respondent No.2, provided guarantee towards the said loan. Respondent no.2 in order t o secure the repayment of the said loan created equitable mortgage/security interest in respect of following properties (i) admeasuring 548 sq. ft. situated at House/plot No. 411, Mishrilal Nagar Extension Colony, Wards No. 16, Village Birakhedi, Dewas (M.P.) and (ii) admeasuring 484 sq. ft. situated at house/plot No. 450, Shri Ganganagar Colony, Dewas (MP) (referred to as 'properties in question')