LAWS(GJH)-2023-8-115

DEUTSCHE BANK AG Vs. CHIEF METROPOLITAN MAGISTRATE

Decided On August 21, 2023
DEUTSCHE BANK AG Appellant
V/S
CHIEF METROPOLITAN MAGISTRATE Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs :-

(2.) Heard learned advocate Ms. Shivani Rajpurohi appearing for the petitioner, learned advocate Mr. Hamesh C. Naidu appearing for the respondent No.1, learned advocate Mr. Harshadray A. Dave for the respondent No.2 to 4 and learned Assistant Government Pleader Mr. Aadityasinh Jadeja appearing for the respondent No.5 - State of Gujarat.

(3.) It is the case of the petitioner that the petitioner has advanced a loan against the property and cash credit facility of a total amount of Rs.6,00,00,000.00 (loan against property for an amount of Rs.1,90,00,000.00) and Cash Credit of Rupees Four Crore Ten Lakhs as security, to the respondent Nos.2 to 4 and the property being Office No.304 on third floor admeasuring 2292 sq.ft. and the scheme known as "VIVA" constructed on sub-plot No.42 of the Parimal Cooperative Housing Society Limited situated at Final Plot No.716 of TPS 3 of Mouje Chhadawad Taluka Sabarmati in the registration district of Ahmedabad and Sub district of Ahmedabad - 3 (Memnagar) (Old Sub district of Ahmedabad - 4 Paldi, was mortgaged.