Court No. - 5
Case :- WRIT - C No. - 20402 of 2019 Petitioner :- Smt. Prabha Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vageesh Pandey Counsel for Respondent :- C.S.C.,Sanjai Singh
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, the learned Standing Counsel for the State-respondent and Sri T.P. Singh, Advocate holding brief of Sri Sanjai Singh, learned counsel for the respondent nos. 2 and 3-Bank.
The grievance of the petitioner is that she owns a house measuring 167.29 square meter, situate in Village Chinnaur, Pargana and Tehsil Sadar, District Shahjahanpur. She purchased the aforesaid land by a registered sale deed dated 1.12.2012 from one Smt. Kavita Kumari Sharma. Her name has been recorded in the revenue record. She constructed the house over the said land after getting a home loan of Rs. 15,00,000/- from Keruganj Branch of the State Bank of India. However, the impugned notice dated 7.5.2019 under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, was issued for recovery of a sum of Rs. 5,41,366/- from one M/s Balaji Medical Agency Proprietor Smt. Shashi Tripathi, which was followed by a proclamation of sale dated 28.5.2019, which was affixed on the house of the petitioner instead of house of the aforesaid Smt. Shashi Tripathi. When this fact was brought by the petitioner to the knowledge of the respondent-Bank i.e. Punjab National Bank, Kachcha Kutra, Tehsil Sadar, District Shahjahanpur by notice dated 31.5.2019, then the Bank stopped the auction proceedings but it has neither withdrawn as yet nor taken any decision on the notice or representation of the petitioner dated 31.5.2019.
Learned counsel for the respondents-Punjab National Bank submits that the Bank shall take appropriate decision in accordance with law within a time bound period in the matter of the petitioner and shall decide her representation/notice dated 31.5.2019.
In view of the statement made by learned counsel for the respondents-Bank, this writ petition is disposed directing the respondents-Bank to decide the representation of the petitioner dated 31.5.2019 in accordance with law, by a speaking and reasoned order, expeditiously preferably within four weeks from the date of presentation of certified copy of this order alongwith a copy of the notice/representation dated 31.5.2019, after according reasonable opportunity of hearing to the petitioner.
Order Date :- 20.6.2019 SR