2020 (12) TMI 1263

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....>HONOURABLE MR. JUSTICE A.M.BADAR FOR THE APPELLANT : SRI.K.M. ANEESH, SRI. K. SANTHOSH KUMAR (KALIYANAM), SRI. ADARSH KUMAR, SRI.BIJU VARGHESE ABRAHAM, SRI.DILEEP CHANDRAN, SRI.SHASHANK DEVAN FOR THE RESPONDENT : SMT. POOJA SURENDRAN, GOVERNMENT PLEADER JUDGMENT Dated this the 15th day of December 2020 By this petition, the petitioner/secured creditor has prayed for the following reliefs:- ....

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.... of Debts and Bankruptcy Act 1993 or the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.'' 2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the State. 3. Learned Standing Counsel appearing for the petitioner argued that for repayment of loan availed by its borrower, property comprised in....

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....edings in respect of the said property are pending before the Debts Recovery Tribunal, Ernakulam as per the provisions of the SARFAESI Act. 4. Learned Standing Counsel appearing for the petitioner further contended that respondents alleged that they are having the 'First Charge' over the secured assets for recovery of sales tax dues and therefore, they have attached the property on 22.02.....

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....st charge for recovery of dues of the sale tax. The 3rd respondent had issued a communication dated 25.11.2019 to the effect that the property is attached by the State and the petitioner bank should provide access to the property. Similar is the notice at Ext.P3 issued by the District Collector, asking the petitioner to open the gate and door of the property of which the possession is taken by the....