LAWS(MPH)-2012-9-111

USHA GOYAL GUPTA Vs. STATE BANK OF INDIA

Decided On September 20, 2012
USHA GOYAL GUPTA Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) SINCE the matters are similar in nature, with the consent of learned counsel for the petitioners, matters are analogously heard and dealt with by this common order. Facts are taken from W.P. No. 6664/2012.

(2.) THE case of the petitioner is that the respondent No. 1 is going to auction the coparcener properties situated at Galla Mandi, Bhind vide auction sale notification dated 19.08.2012 published in the news papers. It is pleaded as under:-

(3.) THE petitioner has challenged the order Annexure P-4, whereby Bank has already invoked Section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002). Thus, admittedly one of the measures referred to in Sub Section (4) of Section 13 of the said Act has already been taken by the secured creditor / authorised officer.