IQBAL I JAMINDAR Vs. SYNDICATE BANK

JUDGEMENT

(1.) RULE . Mr.Nanavati, learned Counsel for the respondent No.1 waives service of notice of Rule.

(2.) AS both the matters are inter -connected and common aspects are arisen for consideration, they are being considered by this common judgement.

(3.) SPECIAL Civil Application No.1900 of 2009 has been preferred by the petitioner for appropriate writ to restrain the Bank from dealing with the property of the petitioner, in any manner whatsoever, on payment being made by the petitioner to respondent of an amount of Rs.6,45,000/ - and it is also prayed by the petitioner for appropriate writ to direct the respondent Bank to hand over the possession of the property with the title deeds and to release the said property from its charge upon the petitioner paying the amount of Rs.6,45,000/ -. The petitioners has also prayed to quash and set aside the action taken by the Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'Securitisation Act' for short).