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HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SANJEEV SACHDEVA, SHRI JUSTICE VINAY SARAF, JJ
SMT. SWATI PATEL – Appellant
Versus
BANK OF INDIA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks redemption of mortgaged property post-auction. (Para 1 , 3 , 4) |
| 2. arguments against petitioner's claim cite waiver and prior litigation. (Para 5) |
| 3. court examines rights under sarfaesi act and transfer of property act. (Para 7) |
| 4. final ruling confirms extinguished redemption rights due to auction surplus acceptance. (Para 8) |
ORDER
Per: Justice Vinay Saraf
1. The petitioner, who obtained loan from respondent/Bank and mortgaged her property has preferred the present petition seeking following reliefs:
"i. That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus directing the bank authorities to accept the amount and redeem the “mortgage of the secured assets i.e. the house of the petitioner, in the interest of justice, equity and good conscience.
ii. Any other relief which this Hon'ble High Court deems fit and proper may also be granted."
2. With the consent of parties, final arguments were heard for the purpose of final disposal of the petition.
3. The facts sufficient to decide the present petition are as under:
3.1 In 2003-2004, the petitioner availed the housing loan of Rs.12 lacs from the respondent/Bank of India after executing requ
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