Court No. - 3
Case :- WRIT - C No. - 16764 of 2021 Petitioner :- Dcb Bank Limited Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohit Behari Mathur Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mohit Behari Mathur, learned counsel for the petitioner and Sri Mata Prasad, learned Standing Counsel for the State.
2. At the outset, it is pointed out that there is an error in the description of respondent no.4. Learned counsel for the petitioner is permitted to correct the same, during the course of the day.
3. Grievance of the petitioner-bank is that it has not been handed over possession of the assets under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'Act'). The assets of the borrower respondent no.6 are continuing to be enjoyed by the said respondent as, at present, despite deposit of money demanded by the police authorities being Rs.48,380/- (paid on 07.07.2020), the police force has not been made available to the Additional District Magistrate, Ghaziabad/respondent no.2 in pursuance of the order dated 11.02.2020 passed by the Additional District Magistrate, Ghaziabad.
4. No useful purpose would be served in keeping the present petition pending or calling for a counter affidavit at this stage.
5. Writ petition is disposed of with a direction that subject to the petitioner producing a copy of this order before respondent no.2 within a period of two weeks from today, the said respondent shall issue necessary communication to the Senior Superintendent of Police, Ghaziabad for providing necessary police force on the date to be fixed by respondent no.2, for the purposes of making over possession of the secured assets to the petitioner. It is expected that the aforesaid action be completed, as expeditiously as possible without causing undue delay, preferably within a period of two weeks, if there is no legal impediment.
6. Since similar cases are coming up routinely, we deem it proper that in all such matters upon order under Section 14 of the Act being passed, if any money is required to be deposited by the creditor bank, the said bank would be at liberty to make that deposit and inform the District Magistrate or the designated authority (who pass the order under Section 14 of the Act) about such deposit having been made. Thereafter, it would remain an obligation of the said authority to communicate with the concerned police authority to ensure that the proceedings under Section 14 of the Act and would be completed in a time bound manner as required by law.
Order Date :- 30.7.2021 S.Chaurasia