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2022 Supreme(SC) 25

M. R. SHAH, B. V. NAGARATHNA
Phoenix ARC Private Limited – Appellant
Versus
Vishwa Bharati Vidya Mandir – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s) : Mr. Suresh Dutt Dobhal, AOR Mr. Shikhar Kumar, Adv.
For the Respondent(s): Mr. Basavaprabhu S.Patil, Sr. Adv Mr. Geet Ahuja, Adv Mr. V. N. Raghupathy, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned order dated 27.03.2018 passed by the High Court of Karnataka at Bengaluru in Writ Petition Nos. 35564-35566 of 2015 by which the High Court has entertained the aforesaid writ petitions under Article 226 of the Constitution of India against the appellant, an Assets Reconstructing Company and has passed an interim order directing for maintaining status quo with regard to SARFAESI action (possession of the secured assets), the original respondent-the Assets Reconstructing Company (ARC) has preferred the present appeals.

2. That the respondent No. 1 herein Vishwa Bharati Vidya Mandir is running educational institutions and is a Society registered under the Karnataka Societies Registration Act, 1960 which had availed credit facilities to the tune of Rs. 105,60,84,000/- (Rupees One Hundred Five Crores Sixty Lacs and Eighty Four Thousand Only) from Saraswat Cooperative Bank Limited. That similarly, St. Ann's Education Society had also availed credit facilities to the tune of Rs. 20,05,00,000/- (Rupees Twenty Crores and Five Lacs Only) from the aforesaid Bank.

2.1 It appears that in order to secure the due repayme

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