Court No. - 7
Case :- WRIT - C No. - 40118 of 2018 Petitioner :- Kavinder Kalra And 2 Others Respondent :- Authorized Officer, Housing Development Finance Corporation Ltd. New Delhi And 3 Others Counsel for Petitioner :- Abu Bakht,Sri Pramod Kumar Jain (Senior Advocate) Counsel for Respondent :- C.S.C.,Kushal Kant,Rahul Sahai
Hon'ble Saumitra Dayal Singh,J.
1. Though arguments had been advanced at some length by both sides on the earlier occasions as to the maintainability of the proceedings in appeal instituted by the petitioners under Act No.54 of 2002 and also certain other proceedings had been conducted to explore whether the parties are willing to settle the matter outside the Court.
2. However, at present, though no compromise has taken place, Sri Kushal Kant, learned counsel for the respondent-bank has raised a preliminary objection that since the respondent-bank has not issued any notice under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002, no cause of action had arisen to the petitioners to file appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Further, it has been stated that the respondent-bank does not intend to take possession of the premises and that possession may be taken only after issuing notice under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002.
3. In view of such statement, no cause survives that may require adjudication in the present proceedings.
4. Accordingly, the present writ petition is disposed of in light of the statement made by learned counsel for the respondent- bank, at this stage.
Order Date :- 19.12.2018 Abhilash