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2016 (12) TMI 61 - HC - Indian LawsProceedings under SERFAESI Act - prayer to set aside the notices - Held that:- It is quite clear that the District Magistrate, upon an application being filed by the respondent Bank under Section 14 of the SERFAESI Act, has only issued a notice/summons to the petitioners to remain present on 07th November, 2016 and answer the case. It is this notice which is challenged by the petitioners and it is at this stage that the petitioners have filed this petition. It appears that the petitioners sent letter to the Bank on 14th November, 2016 and requested not to proceed with the hearing. The District Magistrate kept the next date to 21st November, 2016. In the meantime, on 17th November, 2016, the present petition came to be filed. It is entirely incomprehensible as to what was the justification on part of the petitioners not to respond to the notices, but straightway to rush to file the present petition. Thus there was no occasion to invoke the jurisdiction of the writ court at the stage and in the circumstances obtained. The self-convenient act of on part of the petitioners to file present petition seeking to invoke the writ powers of the Court are indeed not well conceived in law and partakes an abuse of process of law, warranting a strict view.
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