Court No. - 3
Case :- WRIT - C No. - 16651 of 2021 Petitioner :- Abhishek Singh Yadav And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Karan Singh Yadav,Jagdish Narayan Gupta Counsel for Respondent :- A.S.G.I.,C.S.C.,Dharmendra Vaish Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard Shri Jagdish Narayan Gupta along with Shri Karan Singh Yadav, learned counsel for the petitioners; learned Standing Counsel for the State and Shri Dharmendra Vaish, learned counsel for the respondent-bank.
The present petition has been filed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the entire recovery proceeding including step for taking physical possession of the Mortgage property pending before the Additional Collector/District Magistrate Jhansi.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to provide the petitioner correct bank statement as per law and not to charge compound interest on monthly rest basis."
It is not disputed that earlier on 22.3.2018, the respondent- bank had issued a notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred as 'SARFAESI Act') claiming recovery of Rs. 9,75,435/- against the petitioners with interest with effect from 01.07.2017.
It is the case of the petitioner that he had filed an objection to that notice. However, it is again not disputed that against the communication issued under Section 13(4) of the SARFAESI Act, the petitioners have not availed their statutory remedy, under the aforesaid Act. Thereafter proceedings under Section 14 of the Act were initiated under the communication dated 1.3.2019. Pursuant thereto, the ADM, Jhansi appears to have issued a notice to the petitioners on 25.4.2019 (Annexure No. 4) inviting objections.
Again objections are stated to have been filed. However, it is not disputed that the property has been sold and according to the respondent-bank, the sale certificate has also been issued in favour of the auction purchaser Rajendra Prasad Singh on 14.1.2021.
The petitioners having failed to avail statutory remedy, when it was available, the present writ petition filed for the omnibus nature of the relief is wholly misconceived, and is accordingly, dismissed.
Order Date :- 30.7.2021 Saurabh