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2011 Supreme(SC) 148

D.K.JAIN, H.L.DATTU
Kanaiyalal Lalchand Sachdev – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

D.K. Jain, J. —

Leave granted.

2. Challenge in these appeals, by special leave, is to the judgments and orders dated 28th April, 2009 and 1st July, 2009 delivered by the High Court of Bombay in W.P. No. 707 of 2009, and Criminal Application No. 178 of 2009 in W.P. No. 707 of 2009, respectively whereby it has dismissed the writ petition filed by the appellants herein, and also declined to extend the status-quo order granted by it to them.

3. Briefly stated, the facts, material for adjudication of the present appeals, may be stated thus:

Respondent No. 3, viz. the State Bank of India had advanced a loan of ‘4,50,00,000/- to appellant No. 6 on an equitable mortgage by deposit of the title deeds of certain properties, subject matter of these appeals, on 6th February, 2006. Appellant Nos.1 to 5 and one Mr. Lalchand Sachdeo stood as personal guarantors to the said loan.

4. On default of re-payment of loan amount, respondent No. 3 issued a notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Second) Ordinance, 2002 on 18th November, 2006. On 12th February, 2007, the officers of respondent No. 3 dispossessed the appellants o













































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