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TMI Blog2019 (8) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019 passed by the Learned Judicial Magistrate First Class, 4th Court, Pune in CC No. 155/2019 both the Petitions are heard together and being disposed of by this common judgment. 2. These petition takes an exception to the order dated 05.02.2019 of issuance of process passed by the Ld. Judicial Magistrate First Class, 4th Court, Pune in CC No. 155/2019. 3. Advocate Mr. Uday Babade appearing for the Petitioner in Writ Petition No. 2131/2019 submits that Mr. Dhananjay P. Saluke had applied for the mortgage loan with the Respondent No.1 bank by mortgaging his property i.e. Nisarg Executive of whom he is the Proprietor. The said Dhananjay P. Saluke also obtained registration certificate in the name of Nisarg Executive as proprietorship. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l crisis therefore, he is not in a position to pay the said installments but will clear the same at the earliest meanwhile not to take any coercive action against him. But the Respondent Bank refused to accept the oral request of the Petitioner and issued a Notice under Section 13(2) of the SARFEASI Act demanding loan amount from the petitioner. Once again Respondent bank issued another notice under Section 13(4) of the Act demanding loan amount from the Petitioner. Thereafter, Petitioner immediately in the months of September, 2018 paid an amount of Rs. 30,00,000/( Rupees Thirty Lakhs only) in the said loan account. 6. Learned counsel further submits that, inspite of making the payment and showing bonafide intention of making payment the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent Bank for financial assistance by way of business loan to take over loan of Bank of Maharashtra, Satara Branch. Accordingly, in pursuance of security documents executed by the Petitioner as well as his brother the Respondent Bank sanctioned a total loan amount of Rs. 12,50,00,000/vide 2 different loan Account nos. Business TL/104064 and Business TL/104065. Petitioner alongwith his brother for obtaining the aforesaid loan have also executed and registered a mortgage deed with the Respondent Bank. furthermore, the Petitioner also has given a letter of lien and set off to the Respondent Bank. Thus, considering the said documents it is crystal clear that the Petitioner was co-borrower with Mr. Dhananjay P. Salunkhe while obtaining the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the pleadings in the Petitions annexures thereto and also the reply filed by the first Respondent. It is not necessary for this Court to give elaborate reasons. Suffice it to say that, the documents placed on record by the Petitioners and also by the Respondent itself would indicate that, the application filed for obtaining the loan from the Respondent Bank was joint application on behalf of the Petitioners. Account details show names of both the Petitioners, the notices are also given by the Respondent Bank to both the Petitioners. There are documents, prima facie showing that the loan was disbursed in favour of both the petitioners. There are other documents placed on record by the Respondent Bank which shows that, there was joint prayer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "The inherent power under Section 482 has to be exercised for the ends of the justice and should not be arbitrarily exercised to cut short the normal process of a criminal trial. After a review of catena of authorities, Pendian, J. in Janta Dal v/s. H S Chowdhary (supra) has deprecated the practice of staying criminal trials and police investigations except in exceptional cases and the present case is certainly not one of these exceptional cases." The Delhi High Court in Ambica Plastopack Pvt. Ltd's case (supra) in paragraph 10 of the judgment has referred a decision of the said Delhi High Court in another case i.e. Rajesh Aggarwal and held as under : "In Rajesh Aggarwal v/s,. State, 2010 (171) DLT 51, this Court noted that the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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