Ajay Singh Shekhawat, S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 3094 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 3541/2022

Ajay Singh Shekhawat, S/o Shri Sarvan Singh Shekhawat
                                                                       ----Petitioner
                                       Versus
State Of Rajasthan & Ors.
                                                                    ----Respondents

For Petitioner(s) : Mr. Dig Vijay Anand For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

12/04/2022 Learned counsel for the petitioner submits that without

impleading him as a party, the order impugned dated 29.01.2019

under Section 14 of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Act, 2002 (for

brevity, "the Act of 2002"), has been passed. Relying upon a

judgment of the Hon'ble Apex Court of India in case of Standard

Chartered Bank Vs. V. Noble Kumar And Ors.,(2013) 9 SCC

620 and other connected matter, he submitted that he does not

have remedy under the Act of 2002 before possession is taken.

Learned counsel submitted that he did not create any collateral

security of the Flat in question in favour of the

applicant/respondent No.2.

Issue notice confined to the respondent No.2. Notice be

given "dasti".

List the matter on 26.04.2022 as prayed.

Heard learned counsel for the petitioner on interim relief.

(2 of 2) [CW-3541/2022]

Taking into consideration the contentions advanced by the

learned counsel and the material on record, this Court deems it

just and proper to restrain the respondent No.2 from interfering

with possession of the petitioner in subject Flat No.619, 6 th Floor,

Aradhana Residency, Manglam City, Hathoj, Kalwar Road, Jaipur,

till further orders.

(MAHENDAR KUMAR GOYAL),J

Sudha/62

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