Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6372 of 2018 Applicant :- M/S S.J. Ice And Cold Storage Pvt. Ltd.
Opposite Party :- Shyamal Kumar Counsel for Applicant :- Nawal Kishor Mishra Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant.
The writ court on 21.12.2009 passed an interim order. The operative portion of the order reads thus:
"Till a final decision is taken by respondent no. 1 recovery proceedings initiated by respondent bank under section 13(2) of securitisation Act shall be kept in abeyance."
Earlier applicant against the said order preferred Contempt Application (Civil) No. 6115 of 2010 which was disposed of on 23.12.2010.
This is second contempt petition arising from the writ court order dated 21.12.2009. The applicant is aggrieved by the order dated 12.07.2018 passed by the Additional District Magistrate (Finance and Revenue)/Additional Collector, Agra, passed under Section 14 of the SARFAESI Act, whereby, directions have been issued to take physical possession of the mortgaged property of the applicant.
It is urged that the order is in violation of the interim order dated 21.12.2009.
On specific query, learned counsel for the applicant does not deny that the order passed by the Additional District Magistrate (Finance & Revenue)/Additional Collector, Agra, is pursuant to proceeding under Section 13(4) of the SARFAESI Act and not under Section 13(2), further, it is not in dispute that the order is appealable under the SARFAESI Act before the Tribunal.
In view thereof, I decline to entertain the contempt petition. The contempt petition is, accordingly, dismissed.
Order Date :- 30.11.2018
K.K. Maurya