Court No. - 40
Case :- WRIT - C No. - 19997 of 2018 Petitioner :- M/S Maa Laxmi Ice And Cold Starage And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Chadha Counsel for Respondent :- C.S.C.,Amrish Sahai
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard Sri K.Kartikeya, learned counsel for the petitioners, learned Standing Counsel for the respondent nos.1 and 2 and Sri Amrish Sahai, learned counsel for the respondent nos.3 and 4.
The contention of the petitioners is that the order of possession passed by the District Magistrate under Section 14 of the SARFAESI Act, 2002 suffers from an error inasmuch as the District Magistrate has proceeded to issue orders of taking possession of the property which ceased to be subject matter of mortgage in the recovery proceedings which have been initiated by the respondent bank. The contention therefore in short is that if the securatized property stood delinked under the agreement with the bank then the same could not be subjected to proceedings under the Act.
A similar matter pertaining to the same petitioner had come up before this Court in Writ C No.21625 of 2017 which came to be disposed of on 24.04.2018 and a copy of the said judgment has been filed as annexure-12 to the writ petition.
In view of the aforesaid facts as brought on record we are not inclined to entertain the writ petition without prejudice to the rights of the petitioners to approach the Debt Recovery Tribunal in terms of Section 17 of the SARFAESI Act, 2002 for the determination of any such dispute and the order passed by the Debt Recovery Tribunal will be binding on the parties that would determine the status of possession of the property as well. The writ petition stands disposed of subject to the above.
Order Date :- 29.5.2018 R./