BHANUMATIBEN Vs. BANK OF MAHARASTRA

JUDGEMENT

(1.) Present petition is filed by the petitioners under Articles 14, 226, 227 and 300A of the Constitution of India as well as under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (hereinafter referred to as 'the SARFAESI Act '), for the prayer as prayed for inter alia that appropriate writ, order or direction may be issued declaring that the respondent-bank has no power or authority to summarily evict the petitioner- tenant from the property bearing Tenement No.88/1of Girdhrnagar Society, Shaibaugh, Ahmedabad under the provisions of the SARFAESI Act and also for the interim prayer as prayed on the ground stated in the memo of petition.

(2.) The facts of the case briefly summarized are as follows:

(3.) Heard learned advocate Shri N. V. Gandhi for the petitioner and learned advocate Shri A. S. Panesar for respondent Nos.1 and 2.