Court No. - 3
Case :- WRIT - C No. - 32187 of 2021 Petitioner :- Dharmsheela Respondent :- Punjab National Bank And 2 Others Counsel for Petitioner :- Hemant Kumar Srivastava Counsel for Respondent :- Sanjai Singh Hon'ble Manoj Kumar Gupta,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard counsel for the petitioner and Sri Sanjai Singh for the respondent Bank.
The instant petition has been filed for a mandamus commanding the respondent Bank to consider one time settlement application of the petitioner dated 9.11.2021 and not to put Arazi No.245/2 Mauja Mughal Chak, Pargana-Ghoos, Ali Nagar, Chandauli, area 252.87 sq. meter, to auction and also quash the auction notice dated 28.12.2020.
According to the petitioner, the property which is being put to auction was mortgaged by her mother-in-law and brother-in-law while obtaining a loan from the respondent Bank. She was not aware of the said fact until the impugned auction notice was issued. It is not disputed before us that the respondent Bank had undertaken proceedings under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in respect of the property in question. The impugned auction notice has been issued under Rule 8 (6) of the Security Interest (Enforcement) Rules, 2002. It specifically mentions that constructive/physical/symbolic possession of the property was taken by the authorised officer of the Bank and it is being put to auction sale on "as is where is" basis.
In case the petitioner has any grievance in respect of the steps being taken by the respondent Bank pursuant to the proceedings drawn under Section 13 of the Act, she has remedy of filing appeal under Section 17 of the Act.
Consequently, we decline to examine the challenge and relegate the petitioner to the remedy provided under the Act.
The petition stands disposed of accordingly.
(Dr. Yogendra Kumar Srivastava,J.) (Manoj Kumar Gupta,J.) Order Date :- 17.12.2021 SL