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Aug 27 2008

Gauri Shankar Prasad Vs. Chief Manager, State Bank of India and ors.

Court : Jharkhand

Decided on : Aug-27-2008

Subject : Property

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 13, 13(2), 13(4), 17, 17(1), 17(2), 17(3), 17(7), 18 and 18(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Amendmend) Act; Security Interest (Enforcement) Rules, 2002 - Rule 8, 13, 13(1) and 13(2); Recovery of Debts due to Bank and the Financial Institution Act, 1993 - Sections 1(4) and 3; Recovery of Debts due to Bank and the Financial Institution Rules, 1993; Debts Recovery Tribunal Act; Constitution of India - Article 226

Reported in : AIR2009Jhar47; 2009(57)BLJR352; [2008(4)JCR420(Jhr)]

D.G.R. Patnaik, J.1. The petitioner in this writ application has made the following prayers:(a) For an order for quashing the Possession Notice dated 22.11.2007, issued by the Respondent No. 2, under Section 13(4) of the Securitization...

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