Court No. - 40
Case :- WRIT - C No. - 59440 of 2017 Petitioner :- M/S Achintya Blood Bank, Etawah And Another Respondent :- I.D.B.I. Bank Limited And 3 Others Counsel for Petitioner :- Manoj Kumar Patel Counsel for Respondent :- Sunil Kumar Srivastava
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Abhai Kumar,J.
Heard learned counsel for the petitioners.
The proceedings under Sub-Section (4) of Section 13 of the SARFAESI Act, 2002 were initiated on account of the default committed by the petitioner. The present writ petition was filed and an interim order on the undertaking given by the petitioner was passed on 14.12.2017 which is to the following effect:-
"Heard Sri Manoj Kumar Patel, learned counsel for the petitioners, learned counsel for the respondents and perused the record.
Having considered the facts of the case and also looking to the willingness expressed by the petitioners to satisfy all dues, we deem it appropriate to direct respondent no. 3 to consider the case of the petitioners for rescheduling of the installments against the amount due within a period of 3 weeks from today.
To ensure benefits of the petitioners, the petitioners is directed to deposit a sum of Rs. 5 lacs with respondent no. 3 on or before 27.12.2017.
Let this petition for writ be listed on 15.01.2018.
Till then, no coercive action be taken against the petitioners."
Admittedly, the petitioner has not complied with the entire deposit as undertaken before this Court. A partial deposit therefore does not satisfy the undertaking given as indicated in the aforesaid order.
Having considered the submissions raised, in our opinion the remedy of the petitioner lies in approaching the Debt Recovery Tribunal in terms of Section 17 of the SARFAESI Act 2002, moreso when the petitioner has failed to comply with the interim order passed by this Court.
We accordingly reject the writ petition without prejudice to the rights of the petitioner to approach the Debt Recovery Tribunal.
Order Date :- 30.4.2018 S.Chaurasia