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SCA/6235/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6235 of 2010
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GIRISHBHAI
KANTILAL PATEL & 2 - Petitioner(s)
Versus
DISTRICT
MAGISTRATE & 1 - Respondent(s)
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Appearance :
MR.DIPAK
B PATEL for Petitioner(s) : 1 - 3.
MR MANISHA L SHAH, AGP for
Respondent(s) : 1,
None for Respondent(s) :
2,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 14/05/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
As
the action under Section 14 of the Securitization and Reconstruction
of Financial Assets and Enforcement of Interest Act, 2002 and thereby
measures under Section 13(4) taken by the bank, this Court is not
inclined to interfere with the order passed by the first respondent
as the petitioner has the remedy of appeal under Section 17 of the
Act before the Debts Recovery Tribunal. However, if the petitioner
intends to settle the dispute, it may pay up the entire amount in
terms of Section 13(8) of the Act or may request the bank for one
time settlement. If any such application is preferred by the
petitioner before the bank, the bank will consider the same in
accordance with law.
The
application stands disposed of with the aforesaid observations.
Direct
Service is permitted.
[S.J.MUKHOPADHAYA,
C.J.]
[AKIL
KURESHI, J.]
Sundar/-
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