M/S. SHOE WORLD AND ORS. Vs. DISTRICT COLLECTOR, KOTA AND ANR.
LAWS(RAJ)-2011-8-193
HIGH COURT OF RAJASTHAN
Decided on August 16,2011

M/S. Shoe World And Ors. Appellant
VERSUS
District Collector, Kota And Anr. Respondents

JUDGEMENT

Narendra Kumar Jain, J. - (1.) Heard learned counsel for the petitioners.
(2.) Since a common point is involved in these writ petitions, therefore, they are being disposed off by this common order.
(3.) Petitioners, in these writ petitions, are borrowers and guarantors. The borrowers took loan from Respondent No. 2-Bank. However, the same was not paid in time, therefore, Respondent No. 2-Bank issued notices dated 01.06.2010 to the petitioners under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(for short 'the Act'), to deposit the entire due amount alongwith details of the properties, which were mortgaged i.e. secured assets. The petitioners, neither deposited the due amount, nor they filed any reply or representation under Section 13(3A) of the Act. Respondent No. 2-Bank, thereafter filed application under Section 14 of the Act before District Magistrate, Kota for taking possession of secured assets/immovable properties of the borrowers and guarantors and to hand over the possession thereof to the Bank or to authorized person on behalf of the Bank. Respondent No. 1, District Magistrate, Kota, issued notice to the petitioners and in response thereto, the petitioners filed reply to the application with a prayer to dismiss the application. Respondent No. 1, District Magistrate, Kota vide its judgment dated 02.05.2011 allowed the application filed by Respondent No. 2-Bank and directed the Police Superintendent(City), Kota for handing over physical possession of secured assets to Respondent No. 2-Bank. Being aggrieved with the notice dated 01.06.2010 issued under Section 13(2) of the Act and judgment dated 02.05.2011, passed by District Magistrate, Kota, the petitioners have preferred these writ petitions before this Court on 25.05.2011.;


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