Court No. - 40
Case :- WRIT - C No. - 14735 of 2018 Petitioner :- Majaharuddin And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Gautam Counsel for Respondent :- C.S.C.,P.K.Singhal
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners.
Learned counsel for the petitioners submit that the petitioner no.1 was hospitalised due to the terminal decease of Cancer on 29.09.2016 and it is this peculiar circumstance that led to a default in the repayment of the loan as a result whereof proceedings under the SARFAESI Act, 2002 have been undertaken. The petitioner has been called upon to deliver possession for which a possession notice was issued on 16.04.2018. Learned counsel submits that the mortgaged property has also now been put to auction.
We have heard learned counsel for the petitioners and Sri P.K.Singhal, learned counsel for the respondent nos.2 and 3 and we find that the remedy available to the petitioner is two fold namely either to negotiate a settlement with the bank itself directly or to approach the Debt Recovery Tribunal in case the petitioners are disputing the amount sought to be recovered by invoking Section 17 of the 2002 Act.
We therefore are not inclined to interfere with the proceedings leaving it open to the petitioners to approach the bank for any such settlement which may be considered sympathetically by the bank keeping in view the terminal state of the decease of the petitioner no.1.
If the petitioners still remain dissatisfied it will be open to the them to invoke the remedy under the SARFAESI Act, 2002. With the aforesaid observations the writ petition is consigned to records.
Order Date :- 24.4.2018 R./