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2021 (2) TMI 1361 - HC - Indian LawsDefault in payment of loan instalments - non-service of possession notice - HELD THAT:- The grounds urged by the petitioners that they were not served with sale notice under Rule 8(6), and 30 day notice period fixed there under was not given to them to clear the loan, and to redeem the property, is found to be not correct, and the Bank has followed the due procedure as envisaged under the provisions of SARFAESI Act, and the Rules of 2002, and further, the petitioners have suppressed the material facts with regard to filing of securitization applications before the Debts Recovery Tribunal, and the facts and circumstances manifestly disclose that they are resorting to dilatory and subterfuge tactics, to see that the recovery proceedings initiated by the Bank, are defeated. This cannot be appreciated. For suppression of material facts, the writ petition is liable to be dismissed with exemplary cost - Petition dismissed with costs.
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