Disposed

Smt.Chandra Kiran v. M/S State Bank of India and Another

Allahabad HC24 Oct 2018WRIC/34123/2018

Case brief

AI extract

What is this about?

The High Court directed the District Magistrate, Banda, to decide an application under Section 14 of the SARFAESI Act, 2002, filed by the bank for possession, by a specific date, noting a delay of over two years in transferring possession to the auction purchaser.

What did the court decide?

Direction to the District Magistrate, Banda to decide the application under Section 14 of the SARFAESI Act, 2002, positively by 26 November, 2018.

Smt.Chandra Kiran Vs M/S State Bank of India and… — Banking and Recovery | Allahabad HC (2018)

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Court No. - 39 Case :- WRIT - C No. - 34123 of 2018 Petitioner :- Smt.Chandra Kiran Respondent :- M/S State Bank Of India And Another Counsel for Petitioner :- Ravindra Singh,Ravindra Singh Counsel for Respondent :- Satish Chaturvedi,Udit Chandra

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Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri Shiv Sagar Singh, learned counsel for the petitioner, Sri Udit Chandra, learned counsel for the respondent no. 1 and learned Standing Counsel for respondent no. 3.

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The petitioner in the writ petition is seeking a direction to the respondent-bank to handover the possession of House No. EWS-2, Indra Nagar, Pani Ki Tanki Ke Pichhe, District Banda (in short the 'property in dispute').

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The petitioner is the auction purchaser of the property in dispute which was hypothecated to the bank in lieu of a loan taken by the respondent no. 2. It is informed that the loan could not be redeemed and therefore, proceedings under the SARFAESI Act, 2002 were initiated and in consequence thereof, e-auction was held in respect of the property in dispute. The petitioner being the highest bidder, the auction was confirmed in her favour and a sale certificate was issued on 18.8.2015 and registry has also been done in her favour.

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Grievance of the petitioner is that till date the respondentbank has not been able to take possession of the property in dispute and handover the same to her.

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On the last date, we have directed Sri Udit Chandra to seek instructions from the bank. Today he has filed a short counter affidavit stating that an application under Section 14 of the SARFAESI Act, 2002 has been filed before the District Magistrate, Banda and the next date in the case before the District Magistrate is 26 October, 2018.

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Considering the fact that more than two years have passed but the petitioner has not been given possession of the property in dispute in spite of having paid the full sale consideration and registry in her favour has also been done, we direct the District Magistrate, Banda, respondent no. 3 to decide the application filed by the respondentbank under Section 14 of the SARFAESI Act, 2002 in respect of the property in dispute positively by 26 November, 2018.

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With the aforesaid observations and directions, the writ petition is disposed of.

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Order Date :- 24.10.2018/nd

Smt.Chandra Kiran v. M/S State Bank of India and Another

Case brief

What is this about?

What did the court decide?

Smt.Chandra Kiran v. M/S State Bank of India and Another

Case brief

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