Court No. - 37
Case :- WRIT - C No. - 20585 of 2019 Petitioner :- Suryanshu Chauhan Respondent :- Union Of Inid And 4 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Piyush Agrawal,J.
Heard Sri Awadhesh Kumar Mishra for the petitioner, Sri Ishan Shishu for Union of India and Standing Counsel for State of UP.
The writ petition has been filed for issue of mandamus restraining the respondents from taking possession over plot No. B-17 and B-18 of Ramprasth Colony, Sector-3, Village Maharajpur, Distt. Ghaziabad situated in Plot No. 133, area 555.56 Sq. Yard belonging to the petitioner.
It has been stated by the petitioner that Rajesh Chauhan, respondent-5 along with other co-sharer filed a suit i.e. O.S. No. 1206 of 2015. In that suit an application for interim injunction was filed which was rejected by the Additional Civil Judge (Senior Division), Court No.1, Ghaziabad by order dated 17.10.2017. The order dated 17.10.2017 was challenged in First Appeal From Order No. 3461 of 2017, which was dismissed by this Court by order dated 3.11.2017. In spite of the fact that respondent-5 could not obtain any interim injunction from this Court, he executed a sale deed dated 25.10.2017 in favour of M/s Janak Medicos, respondent-4, who mortgaged the property to M/s Anand Rathi Global Finance Limited and now on the application of M/s Anand Rathi Global Finance Limited under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the Additional District Magistrate (Finance and Revenue) passed the order dated 8.5.2019 taking possession over the property in dispute. Since the order has now been passed and in the light of the order of statutory authority as such no mandamus can be issued at this stage. However the proper remedy for the petitioner is to approach the Debt Recovery Tribunal under Section 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
In case any such application under Section 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is filed by the petitioner then the Debt Recovery Tribunal shall ensure to decide the application of interim relief filed by the petitioner within a period of one month from the date of filing of the application.
With the aforesaid observation, the writ petition is disposed of. Order Date :- 25.6.2019 Rahul Dwivedi/-