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TMI Blog2016 (3) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... Constitution of India before this Court is nothing but an abuse of process of the Court, if not misuse. Having invoked a constitutional remedy before the High Court under Article 226 of the Constitution of India, the petitioner cannot, under Law, file another petition under Article 32 of the Constitution of India on identical set of facts for identical reliefs. Writ petition is dismissed with costs of ₹ 1,00,000/- (rupee one lakh only) to be deposited with the Supreme Court Legal Services committee within four weeks. - Writ Petition (Civil) No. 35 of 2016 - - - Dated:- 9-3-2016 - Kurian Joseph And Rohinton Fali Nariman, JJ. For the Petitioner : Mr. A.C. Philip, Adv. Mr. Rabin Majumder,Adv. Mr. Anjan Sinha, Adv. For t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stitution; (b) To declare that, between Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (as amended) and the Multi-State Cooperative Societies Act, 2002, provisions of the latter Act will prevail for recovery of purported amount due to/from a Co-operative Society or a Member or Borrower thereof and vice versa, and that the former Act stands ousted; (c) To declare that Sections 2, 12 and 15(a) of The Enforcement of Security Interest and Recovery of Debts Laws (amendment) Act, 2012, inserting sub-section 2(c)(iva) in the Securitisation and reconstruction of Financial Assets and Enforcement of securities Interest Act, 2002, and sub-sections 2(d)(vi) and 19(1A) in Recovery of De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , in particular, from dispossessing the petitioner of her residential home under the purported powers under Section 13 of the SARFAESI Act, 2002; (e) To declare that the notice dated 7.10.2013 purportedly under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and impugned order of the Ld. District Magistrate, raigad, Alibag dated 30/06/2014 (Annexure P1 purportedly under section 14 of the SARFAESI Act, 2002 in Case No. 18/2014 as null and void, being in violation of the principles of natural justice; (f) To issue an appropriate writ, order or direction, declaring that the respondent banks which are guilty of breach of contract, civil breach of trust, cul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prohibition or any other appropriate writ or order restraining and prohibiting the respondents, its agents, servants and privies from in any manner interfering with the peaceful possession and enjoyment of the properties of the petitioner/petitioner's company or the purported borrowers and purported guarantors which the Respondent Bank falsely claim to be secured assets at its hands and in particular proceeding any further pursuant to the notice dated 7.10.2013 purportedly under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002, and impugned order of the Ld. District Magistrate, dated 30/06/2014 purportedly under Section 14 of the SARFAESI Act, 2002 in Case No. 18/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i. On the condition that the petitioner deposits a sum equivalent of 50% of the amount claimed by respondent Nos. 1 and 2 with Respondent No.1 Bank on or before 3rd December, 2015 and without prejudice to its rights and contentions, there would be adinterim order restraining Respondent Nos. 1 and 2 and respondent Nos. 5, 6, 7 and 8 from enforcing and executing the order passed under Section 14 of the SARFAESI Act in Case No. 18 of 2014. iii. If the amount as mentioned above, is not deposited on or before 3rd December, 2015, the ad-interim order to stand vacated without any further reference to the Court. 3. Needless to clarify that this order and direction is without prejudice to the rights and contentions of all parties. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... through the pleadings in both the writ petitions. 8. Virtually, the writ petition filed before this Court is a true copy of the writ petition filed by the petitioner under Article 226 of the Constitution of India before the High Court except for the disclosure of the pendency of the writ petition and some other minor changes. 9. What is revealed from what we have narrated above is certainly shocking. The petitioner having filed a writ petition before the High Court under Article 226 of the Constitution of India, the writ petition having been admitted by the Court, the High Court having granted an inter im order which has worked itself out and the petition is still pending before the High Court, filing a writ petition under Article 32 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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