Rajashree Amol Ugave vs The Union Of India Through Its Chairman ...
2024 Latest Caselaw 2791 Bom

Bombay High Court

Rajashree Amol Ugave vs The Union Of India Through Its Chairman ... on 30 January, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                                  945-WP-1194-2024.odt




      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD
               WRIT PETITION NO. 1194 OF 2024
                    RAJASHREE AMOL UGAVE
                             VERSUS
    THE UNION OF INDIA THROUGH ITS CHAIRMAN AND
                            OTHERS
                                ....
Mr. V. B. Dhage, Advocate for Petitioner
Mr. A. N. Patale, Standing Counsel for Respondent No.1- Union of
India
                                ....

                  CORAM : RAVINDRA V. GHUGE AND
                          Y. G. KHOBRAGADE, JJ.

DATE : 30.01.2024 PER COURT :-

1. The Petitioner is a widow before us, who claims that

the SARFAESI proceedings were conducted against a dead person

(her husband). The mortgaged property is a residential house,

details of which are set out in prayer clause (B). E-auction is

scheduled on 01.02.2024. Reliance is placed on the judgment of

the Allahabad High Court in the matter of Authorized Officer, SBI

Vs. Rakesh Singh and another - 2021 SCC OnLine Allahabad 796 ,

to support the contention that the SARFAESI proceedings against a

dead person would not be tenable.

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2.          Issue   notice   to   the   Respondents,     returnable         on

05.03.2024. The learned Standing Counsel for Union of India waives

service of notice on behalf of Respondent No.1.

3. All office objections to be removed on or before

22.02.2024, failing which the Petition shall stand dismissed without

reference to the Court on 23.02.2024.

4. In view of the facts and circumstances recorded above, we

direct the Respondents that though they may proceed with the

E-auction proceedings, the E-auction sale shall not be finalized

without the leave of the Court.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ]

SMS

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