Court No. - 38
Case :- WRIT - C No. - 28625 of 2018 Petitioner :- Kartar Singh Respondent :- Chief General Manager Head Branch State Bank Of India And 2 Others Counsel for Petitioner :- Abhishek Singh,Yadu Nath Singh Counsel for Respondent :- Satish Chaturvedi
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
By means of this writ petition the petitioner has challenged the Possession Notice dated 02.08.2018 under Section 13(4) of the SARFAESI Act. The petitioner had initially taken a house loan from respondent no. 2 in 2005 of Rs. 4 lacs. It is claimed that the petitioner had regularly been depositing the EMI but on account of default in one or two payments, proceedings under SARFAESI Act has been framed against the petitioner. It is categorically stated that the petitioner never received notice under Section 13 (2) and now an order under Section 13 (4) has been passed for having possession of the house property with the demand of Rs. 2,81,054/-.
It is to be noted that once the proceedings under SARFAESI Act has been initiated the petitioner has a remedy of filing an appeal under Section 17 (1) of the said Act. However, the said Act also provides that in case the petitioner is ready to deposit the entire amount, the petitioner can approach the Bank under Section 13(8) of the SARFAESI Act but it is entirely up to the Bank to accept the offer tendered by the petitioner under Section 13(8) of the SARFAESI Act or continue to proceed under SARFAESI Act.
The writ petition is disposed of with the direction that in case the petitioner makes an application under Section 13 (8) of the SARFAESI Act, the Bank may consider the same and pass appropriate orders as far as possible within a period of one month from the date a certified copy of this order is produced before the Bank.
Order Date :- 24.8.2018 Arun Gangwar (Rajiv Gupta, J.) (Abhinava Upadhya, J.)