Gujarat High Court
Bhupendrabhai Aniruddhbhai Upadhyay & ... vs Bank Of India & 4 on 4 November, 2015
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
C/SCA/18691/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 18691 of 2015
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BHUPENDRABHAI ANIRUDDHBHAI UPADHYAY & 6....Petitioner(s)
Versus
BANK OF INDIA & 4....Respondent(s)
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Appearance:
MR VARUN G. RAI FOR MR GC RAY, ADVOCATE for the Petitioner(s) No. 1-
7
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 04/11/2015
ORAL ORDER
Heard Mr.Varun G. Rai, learned advocate for Mr.G.C. Ray, learned advocate for the petitioners.
It is submitted that the petitioners are bona fide purchasers of tenements in a Scheme developed by respondents Nos.3 and 4. The petitioners have purchased the tenements by registered Sale Deed. However, respondents Nos.3 and 4 have not disclosed to the petitioners the fact that the land on which the tenements of the petitioners are constructed, has been Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Nov 05 03:00:40 IST 2015 C/SCA/18691/2015 ORDER mortgaged to respondent No.1Bank. It is submitted that the petitioners are neither borrowers, nor guarantors and nor are they defaulters. If the tenements of the petitioners are sold, they would be deprived of their property without notice, and in violation of Article 300A of the Constitution of India.
Issue Notice and Notice as to interim relief, returnable on 10.12.2015.
Adinterim relief in terms of Paragraph11(B) is granted, till then.
In addition to the normal mode of service, Direct Service, today, is also permitted.
(SMT. ABHILASHA KUMARI, J.) piyush Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Nov 05 03:00:40 IST 2015