Court No. - 40
Case :- WRIT - C No. - 19361 of 2018 Petitioner :- Jammu And Kashmir Bank Ltd Respondent :- M/S Kumar Wollens And 7 Others Counsel for Petitioner :- Ravi Chandra Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard Sri Ravi Chandra Srivastava, learned counsel for the petitioner.
A supplementary affidavit has been filed stating therein that neither the borrower nor any aggrieved person has either filed any application under Section 17 of the SARFAESI Act, 2002 or objection before the competent authorities. The present writ petition has been filed for a mandamus to the District Magistrate, Bhadohi to proceed to pass orders on the application filed by the bank for taking possession of the property mortgaged with the bank in terms of Section 14 of the SARFAESI Act, 2002.
We have considered the submissions raised as well as the supplementary affidavit filed today.
In view of the aforesaid facts and without prejudice to the rights of the respondent nos. 1 to 3/4, we direct the respondent no.4 District Magistrate, Bhadohi to take appropriate steps in accordance with law, on the application filed by the bank in terms of Section 14 of the SARFAESI Act, 2002, keeping in view the law laid down by the Apex Court in the case of Standard Chartered Bank Vs. V. Noble Kumar and others 2013 (9) SCC 620.
The District Magistrate while proceeding in the matter shall make all possible enquiries including any matter if pending before the Debt Recovery Tribunal before proceeding to pass the orders.
Disposed of with the said directions.
Order Date :- 29.5.2018 M. ARIF