Court No. - 21
Case :- WRIT - C No. - 10800 of 2018 Petitioner :- M/S Sudersahan Ferroalloys And Bars Ltd. And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sumit Daga Counsel for Respondent :- C.S.C.,Habib Ahmad
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioners contends that earlier writ petition no.8571 of 2018 was filed raising a grievance that the bank has taken over possession of excess area than what was mortgaged as security for the loan. The said writ petition was disposed of vide judgment and order dated 8.3.2018 directing the respondent no.3, Additional District Magistrate (Finance & Revenue), Muzaffarnagar, District Muzaffarnagar to get a survey and measurement carried out of the area of plot no.59 possession whereof has been taken in pursuance to the order passed under Section 14 of the Act in accordance with the boundaries described therein and in case, possession of any excess area other than what was mortgaged has been taken, the same shall be vacated and given back in the possession of the petitioner. It is also contended that petitioner has made an application along-with certified copy of the order before the respondent no.3 dated 15.3.2018. However, before the direction of this court passed in writ petition No.8511/18 could be carried out, the respondent bank was in such hurry that it has advertized the property for e-auction, which is scheduled on 26.3.2018.
Learned counsel for the petitioner contends that without demarcating the area if the entire property is sold out then third party right could be created. It is further contended that this is specially being done by the bank in order to over reach the orders passed by this court.
We find the action of the bank to be squarely in teeth of the judgement and order dated 8.3.2018 passed in Writ Petition No.8511 of 2018 and is clearly contemptuous.
Sri Habib Ahmad appearing for the respondent bank vehemently contends that only 1930 square meter of plot no.59, which was mortgaged is being auctioned. However, again this is a question of fact, which can only be verified after due measurement on the spot.
In such circumstances, we dispose of the writ petition by providing that the auction proceeding and consequential actions initiated by the respondent bank shall remain stayed till the measurement and survey is carried out and the area of plot, which was mortgaged is identified on the spot in compliance of the direction contained in judgment and order dated 8.3.2018 in Writ Petition No.8511 of 2018.
Order Date :- 28.3.2018 Pramod