Court No. - 38
Case :- WRIT - C No. - 28231 of 2018 Petitioner :- Smt.Suman Verma And Another Respondent :- Central Bank Of India And 4 Others Counsel for Petitioner :- Santosh Kumar Singh,Narendra Pratap Singh Counsel for Respondent :- C.S.C.,Gyan Prakash Shrivastava
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
The petitioner had taken a loan for a sum of Rs.2,40,000/- in 2009. Admittedly, the petitioner defaulted in payment and now, according to learned counsel for the Bank, possession is being taken of the house in question, which according to him was auctioned on 27.12.2017. The sale certificate has also been issued on 21.02.2018.
At this stage, the petitioner claims that he is ready to pay entire amount as contemplated under Section 13(8) of the SERFAESI Act but his application is not being entertained.
It is to be noted that once proceedings under SERFAESI Act has been initiated, this Court is reluctant to interfere in the proceedings as the petitioner has a remedy of filing an appeal under Section 17(1) of the Act.
So far as the, payment under Section 13(8) of the Act is concerned, it is entirely up to the Bank either to accept the application of the petitioner or to proceed against the petitioner under the SERFAESI Act, this Court will not interfere in such transactions.
However, in case the petitioner files an application under Section 13(8) of the SERFAESI Act, the same may be considered and decided in accordance with law as far as possible within 15 days from the date of production of certified copy of this order.
With the aforesaid observations, the writ petition is disposed of. Order Date :- 21.8.2018 Nadim (Rajiv Gupta, J.) (Abhinava Upadhya, J.)