Gujarat High Court
Maheshbhai Narshibhai Patel & vs Bank Of India & 2 on 3 November, 2015
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
C/SCA/18519/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 18519 of 2015
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MAHESHBHAI NARSHIBHAI PATEL & 1....Petitioner(s)
Versus
BANK OF INDIA & 2....Respondent(s)
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Appearance:
MR P P MAJMUDAR, ADVOCATE for the Petitioner(s) No. 1 - 2
MR SP MAJMUDAR, ADVOCATE for the Petitioner(s) No. 1 - 2
MS. SHRUTI PATHAK, ASSISTANT GOVERNMENT PLEADER, for the
Respondent(s) No. 2
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 03/11/2015
ORAL ORDER
1 Heard Mr. S P Majmudar, learned advocate for the petitioners.
2 It is submitted that the petitioners are neither the borrowers, nor the guarantors of the property on which respondent No.3 developer has constructed a scheme of bungalows and tenaments. The petitioners are bonafide purchasers of tenaments and are residing with their families. The property of the petitioners, which has been purchased vide registered Sale Deeds, cannot Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Nov 04 02:42:52 IST 2015 C/SCA/18519/2015 ORDER be made subject matter of proceedings under the Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT), therefore, the proposed action of the respondent Bank in auctioning the property of the petitioners is without jurisdiction. 3 It is further submitted that if the tenaments of the petitioners are sold, it would amount to depriving them of their property and infringe their right to property under Article 300A of the Constitution of India. That, even the defaulting borrower is given a Notice, but the petitioners, who are not the borrowers and have not made any default, are being deprived of their properties without issuance of Notice. 4 Issue Notice and notice as to interim relief, making it returnable on 10.12.2015.
Adinterim relief in terms of paragraph 21(B),I and II is granted, qua the petitioners, till then. 5 In addition to the normal mode of service, Direct Service, today, is also permitted.
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