2026 (6) TMI 1303

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....etitioner: By Advs. Shri. M. Jithesh Menon, Shri. P.G. Maheshkumar, Smt. Arshia Ann Joy. For the Respondent: By Advs. Shri. Jaishankar V. Nair, CGC, Shri. M. Kannan, Sr. Gp., Smt. Cristy Therasa Suresh. Petitioner is a Banking Company within the meaning of the Indian Companies Act. The petitioner had sanctioned a Housing Loan for a sum of Rs.22 lakhs, to one Saji Basheer for the purchase of ....

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.... the respondent stands in the way of the sale of the secured asset by the petitioner under the SARFAESI Act. It is in such circumstances, the petitioner filed this writ petition seeking the following relief:- "Call for the records relating to Exhibit P5 Encumbrance Certificate and quash/set aside the attachment made at the instance of the respondent on 11.04.2023." 2. Heard the learned....

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....e materials on record, I find considerable force in the submissions made by the learned counsel for the respondent. Admittedly, the attachment effected by the respondent, has been confirmed by the Adjudicating Authority under Section 8(3) of the PML Act and now the trial of the case under this Act is pending before the Special Court for PMLA cases, Ernakulam. Therefore, I am of the view that th....