Court No. - 29
Case :- WRIT - C No. - 42481 of 2018 Petitioner :- Anis Ahmed Respondent :- The District Magistrate And 2 Others Counsel for Petitioner :- Arshad Ullah Counsel for Respondent :- C.S.C.,Tarun Varma
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Arshad Ullah, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Tarun Varma, learned counsel appearing for the respondents no. 2 and 3 (Oriental Bank of Commerce).
The petitioner has preferred this petition against notice dated 21.5.2018 issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Learned counsel for the petitioner submits that the petitioner wants to make payment of the entire amount in installments.
Sri Tarun Varma, learned counsel appearing for the Bank, on the other hand, contends that the petitioner previously applied for One Time Settlement which was accepted but he failed to make the payment, according to the said settlement, and, therefore, he is not entitled to any further relief in equity.
Learned counsel for the petitioner disputes that any application for OTS was ever moved by the petitioner. This Court, in exercise of extra jurisdiction, is not going to probe the matter as to whether the petitioner moved such an application or not but from perusal a copy of the application as produced before the Court, we are prima facie satisfied that the petitioner, in his own writing, has moved an application for OTS on 4.10.2018, meaning thereby that the petitioner has not approached the Court with clean hands. Moreover, a person, who is a defaulter and despite one opportunity given by the Bank to make the payment, has again defaulted, is not entitled to any discretionary jurisdiction by this Court. Moreover, against the action taken under sections 13(2) and 13(4) of the 'SARFAESI Act', petitioner has remedy of moving an application under Section 17 of the 'SARFAESI Act'. Thus, in the overall facts and circumstances of the case, we do not deem it proper to exercise our extra jurisdiction.
The writ petition is dismissed.
Order Date :- 20.12.2018 Puspendra