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[Cites 2, Cited by 3]

Bombay High Court

Sapna Agarwal vs Canara Bank And Anr on 30 September, 2019

Bench: A.A. Sayed, Prakash D. Naik

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION

                         WRIT PETITION (L) NO.2699 OF 2019
                                        ...
Sapna Agarwal                                 ....Petitioner
     V/S
Canara Bank & Anr.                                 ....Respondents
                                         ...

Mr. Nitin Thakkar, Senior Counsel a/w Mr. Nimay Dave a/w Ms. Chaitanya
D. Mehta, Mr. Lalan Gupta, Ms. Bhanu Chopra i/b M/s. Dhruve Liladhar &
Co. for the Petitioner.
Mr. Raju Uttam Shinde a/w Mr. Tamil Selvi Laxman and Mr. Uttam Kumar,
Senior Manager of Canara Bank for Respondent Nos.1 and 2/Bank.
                                    ...

                                         CORAM : A.A. SAYED &
                                                 PRAKASH D. NAIK, JJ.
                                         DATE : 30 SEPTEMBER 2019.


ORDER:

1 Leave to amend the Petition in terms of the draft amendment handed in. Amendment to be carried out within a week. Amended copy of the Writ Petition be served within two days of carrying out the amendment. 2 Learned Senior Counsel for the Petitioner has pointed out that the loan was sanctioned by the Canara Bank, Hong Kong Branch, and therefore the Respondent No.1 Bank would have no powers to invoke the provisions of the SARFAESI Act.

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         3       Let the Respondent No.1 file Affidavit-in-Reply by 11 October 2019

         with an advance copy to the other side.



         4       List the Petition on 16 October 2019.



         5       Until next date, no further steps to be taken in pursuance of the

impugned notice under section 13(4) of the SARFAESI Act.

                 (PRAKASH D. NAIK, J.)                           (A.A. SAYED, J.)
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