JAGDISHKUMAR JAYANTILAL PARMAR Vs. AAVAS FINANCIERS LIMITED

JUDGEMENT

(1.) By way of present petitions, the petitioners have prayed for the following reliefs :

(2.) Heard learned advocate Mr.Mehul Surati, appearing on behalf of the petitioners, learned advocate Mr.Ankur Oza, appearing on behalf of the respondent No.1 and learned advocate Mr.Virendra Gohil, appearing on behalf of the respondent No.6.

(3.) Learned advocate Mr.Surati has submitted that the petitioner is the bonafide purchaser of the property by way of sale-deed. He has not received any notice from the competent authority while passing the impugned order under Sec. 14 of the SARFAESI Act. He has referred and relied upon the decision of the Hon'ble Apex Court rendered in Civil Appeal No.5393 of 2010 in case of M/s Godrej Sara Lee Ltd. Vs. The Excise and Taxation Officer-Cum-Assessing Authority and Ors. and submitted that his case falls under the exception carved out by the Hon'ble Apex Court and therefore, the petitioners are entitled to seek relief before this Court by exercising jurisdiction under Article 226 and 227 of the Constitution of India. He has also referred and relied upon two other judgments of the Hon'ble Apex Court in case of PHR Invent Educational Society Vs. UCO Bank and Others; (2008) 1 SCC 125. and in case of M/s. South Indian Bank Ltd. and Ors. Vs. Naveen Mathew Philip and Anr. Etc. Etc.,(2004) 4 SCC 311. and submitted that the petitioners are entitled to get relief as prayed for in the present petitions while exercising jurisdiction by this Court under Article 226 and 227 of the Constitution of India. Learned advocate Mr.Surati has further submitted that since the petitioners are the third party, they have not borrowed money from the respondents and therefore, the order passed by the respondent authorities is absolutely illegal, unjust and arbitrary and therefore, the petitioners have filed the present petitions with the aforesaid prayers challenging the impugned notice based upon the order passed by the respondent authority under Sec. 14 of the SARFAESI Act.