This court disposed of a review petition challenging an order regarding proceedings initiated under the SARFAESI Act on alleged lack of mortgage. The court held that no apparent error existed to review.
Application for review of order is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLETE JURISDICTION
REVIEW PETITION NO.1 OF 2008
IN
WRIT PETITION NO.7854 OF 2007
Ashok Namdeo Kamble .. Petitioner
Vs.
Housing Development Finance
Corporation Ltd. & Anr. .. Respondents
Mr.R.V.Bansode for the petitioner
Mr.H.N.Thakore with Ms.Agnes Baradia i/b Thakore
Jariwala & Associates for the respondents
CORAM : J.N.PATEL &
A.A.SAYED, JJ.
DATED : 1ST FEBRUARY, 2008
(IN CHAMBER AT 2.35 P.M.)
P.C.:
1. The issue which has been raised in the
review is that as the property has not been
mortgaged to the respondent bank, the question of
their initiating the proceedings under the
Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act,
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2002 is not proper and, therefore, the whole
proceedings stands vitiated.
2. The learned counsel for the respondent
submits that the property is mortgaged with the
bank and, therefore, they are entitled to initiate
the proceedings.
3. This issue can be very well examined in the
appeal before the DRT.
4. In the facts and circumstances, we do not
find any apparent error on the face of the record
to review our order. Hence, application is
rejected.
( J.N. PATEL, J )
( A.A. SAYED, J )
3 issues framed by the court
Whether there is apparent error on the face of the record to justify reviewing the order rejecting the review petition.
Whether the property mortgaged to the respondent bank is .3 lacking security interest.
Whether the question regarding initiation of proceedings under the SARFAESI Act is proper.
1 provisions across 1 enactments
Ashok Namdeo Kamble
Housing Development Finance Corporation Ltd. & Anr.
J.N.PATEL
A.A.SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
J.N.PATEL and A.A.SAYED