Dismissed

Smt. Uma Srivastava v. Union of India and 2 Others

Allahabad HC17 Oct 2019WRIC/32350/2019

Case brief

AI extract

What is this about?

Petitioner seeking quashment of auction and possession notices in banking dispute. Court held that since interim remedy was available and pending before the Debts Recovery Tribunal, extraordinary jurisdiction was not invoked; petition dismissed.

What did the court decide?

Petition dismissed with liberty to apply for interim protection before the Debts Recovery Tribunal.

Smt. Uma Srivastava Vs Union of India and 2 Others — Banking and Recovery | Allahabad HC (2019)

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Court No. - 29

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Case :- WRIT - C No. - 32350 of 2019

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Petitioner :- Smt. Uma Srivastava Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Santosh Kumar Tripathi,Sanjay Kumar Dwivedi Counsel for Respondent :- A.S.G.I.,Anadi Krishna Narayana,Apurva Hajela

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Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Santosh Kumar Tripathi, learned counsel for petitioner, Sri Apurva Hajela, learned counsel for Union of India and Sri Avinash Jaiswal, learned counsel for Bank of Baroda.

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The petitioner by means of this petition wants that the auction notice dated 29.08.2019 and the possession notice dated 07.06.2019 may be quashed and the respondents be directed not to interfere in her physical possession over the property in dispute.

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The facts as revealed from the petition demonstrate that the petitioner took loan of Rs. 14,00,000/- and defaulted in its payment. On account of above default, her account was declared to be a non-performing asset and proceedings were initiated under Section 13 of the SARFAESI Act.

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The petitioner challenged the notice dated 10.08.2017 issued under Section 13(4) of the Act before the Debts Recovery Tribunal and the same was disposed off vide order dated 17.09.2018 with direction to the petitioner to deposit the defaulted amount with interest in installments within a time fixed.

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Accordingly, the possession notice dated 10.08.2017 was withdrawn.

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It appears that though the petitioner contends that she had deposited the entire amount as directed by the Debts Recovery Tribunal, but on account of some default, a fresh notice under Section 13(4) was issued which the petitioner has again challenged before the Debts Recovery Tribunal.

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It is said that the aforesaid petition has been entertained and a reply has been called from the bank.

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The petitioner by means of present petition wants that as there is no stay order in proceedings before the Debts Recovery Tribunal, at least his rights may be protected and the auction sale notice dated 29.08.2019 be stayed.

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The petitioner has already availed the remedy available to her before the Debts Recovery Tribunal and since the said proceedings are pending, it is open for the petitioner to apply in those proceedings for the grant of interim protection.

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The petitioner cannot be permitted to seek the main relief in proceedings before the Debts Recovery Tribunal and the interim relief by means of a petition before the High Court.

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In view of the aforesaid facts and circumstances, we do not deem it necessary to exercise our extraordinary jurisdiction in the matter and the petition is dismissed with liberty to the petitioner to apply for interim protection in proceedings before the Debts Recovery Tribunal. In case any such application is filed, it is expected that the Debts Recovery Tribunal will take all possible steps to consider it most expeditiously.

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Order Date :- 17.10.2019 Nirmal Sinha

Smt. Uma Srivastava v. Union of India and 2 Others

Case brief

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Smt. Uma Srivastava v. Union of India and 2 Others

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