nble Shri Dhir Sinqle Bench: Ho’ W.P. c O. 21 78 OF 200 PETITioNERs ' 1. . Versus RESPONDENT ' 16.6.2009: Shri Sunil Otwani, learned ounsel for the petitioners. ' .Shri Gautam Bhaduri. lear d counsel for the respondent. Heard on IA No.04, applica ion for amendment in the writ petition. Not opposed. The application is aliowed Petitioners to carry out amendment during the course of the day. titioners submits that the respondent in its reply has categorically stated th t the property. which is mortgaged with the Bank is Khasra No.438/52. Plot 0.63/1, whereas the respondent has amxed possession noticevunder Section 3(4) of the Securitization and Reconstruction of Financial Assets and‘Enforce ent of Security interest Act, 2002 read with Rule 8 of the Security Interest (E forcement) Rules, 2002 on the Learned counsel for the eff] f ndra Mishra J 9 Brij sh Kumar AgrawaL S/o Shri Bhajan La Ag wal, Aged about 28 years, Ra esh Kumar Agrawal. S/o Shri Bhajan Lar Ag wal,Aged about 24 years, ‘ Ku. Swati Agrawal, Dlo Shri Bhajan Lal Ag wal, Aged about 18 years, All Rio New Shanti Nagar, Gorkha Colony, Rai ur, District Raipur (CG) S e‘Bank oflndia, Th ugh Authorized Officer, Stressed Assets Re olution Center, Administrative Office, Byron B ar,Raipur (CG) house of the Wm m 20° MW(WH) WWW ammamm . mmgfgam WW13WW ‘ ‘ $af§tramé¥r \ Wm m 200 mm (ma) maswww ammm WWW WWW§WW $aimané¥r petitionérs, which is a different property. He further submits he has no objection if the petition is disp d in‘ the terms of return tiled by the. respondent-Bank. On the other hand. Shri utam Bhaduri, teamed counsel for the respondent submits that the respon ent in its return have categoricaiiy averredv that the property bearing Khasra N .438/52 of Piot No.63l1 was mortgaged by defauiter borrower M/s Badami Sal s Corporation to secure the repayment of toan. Since the repayment was n'o made, the land bearing Khasra No.438l52 (part), Piot No.63/1 (part), Exte sion No.25 at Village-Pandritarai, New Shantinagar is subject to attachm nt and sale, whereas the petitioners are ciaiming their right in respect of Ian bearing Khasra No.438/22‘ Heard learned counsel for th parties. Without expressing any op ion upon the identity of the property as claimed by the petitioners, taki g into consideration the prayer of the petitioners that this petition may, be disposed of in the light of averments in the return filed by the respondent k, the instant petition is disposed of accordingly. in View of above. lAs No.01, 02 and 03 also stand disposed of. Sd/— Dhirendra Mishra‘. Judge o e a — n