Court No. - 32
Case :- WRIT - C No. - 42543 of 2019
Petitioner :- M/S S J Ice And Cold Storage Pvt. Ltd.
Respondent :- Canara Bank And Another Counsel for Petitioner :- Kumar Kartikeya Counsel for Respondent :- Arvind Srivastava
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition has been filed, inter alia, for the following reliefs:
"(i)Issue a suitable writ, order or direction for quashing the impugned auction notice dated 25.11.2019 as issued by respondent no.2, whereby the respondent no.2, exercising power under Section 13(4) of SARFAESI Act, 2002 has issued the illegal auction notice."
Heard learned counsel for the petitioner, Sri Arvind Srivastava, learned counsel for the respondents Bank and perused the record.
Learned counsel for the petitioner submitted that to ventilate his grievance the petitioner had approached the debt Recovery Tribunal by filing an application, being Securitisation application NO.907 of 2018 in which the judgment has been reserved and the judgment has not yet been pronounced. He further submits that even though the judgment has not been pronounced, the the respondents are taking coercive measures by issuing impugned auction notice dated 25.11.2019 against the petitioner.The auction is scheduled to be held on 31.12.2019.
Considering the facts and circumstances of the case, it is provided that no coercive measures shall be taken against the petitioner in pursuance of the impugned auction notice till delivery of the judgement in the aforementioned Securitisation application NO.907 of 2018 by the Debt recovery Tribunal.
We hope and trust that the judgement shall be delivered by the Debt Recovery Tribuanl concerned as early as possible.
With the aforesaid observation, the writ petition is finally disposed of.
Order Date :- 20.12.2019 MLK