This dismissal of the writ petition held that a bank fails to maintain an application under Section 14 of the SARFAESI Act for possession if it has lost possession and there is civil remedy available.
Writ petition dismissed; writ jurisdiction in the matter declined.
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Court No. - 29
Case :- WRIT - C No. - 35367 of 2019
Petitioner :- Bank Of Baroda Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sandeep Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent Nos.1, 2 and 3.
The petitioner has moved an application allegedly under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short “SARFAESI Act”) for taking possession of a property which at one time was mortgaged with the Bank.
The petitioner by means of this writ petition wants that respondent No.2 in view of the above application may hand over the actual physical possession of the property in dispute to the petitioner. The facts stated in the petition reveals that petitioner had previously applied under Section 14 of the Act and was put in possession of the property but the borrower subsequently re-entered into possession and is now illegally continuing to occupy the said property. Thus, the petitioner has moved second petition under Section 14 of the Act for the possession of the aforesaid property. The petitioner having failed to preserve his possession over the property is not entitled to maintain application under Section 14 of the Act repeatedly. In case, petitioner has been dispossessed from the property on which it was put in possession under the orders passed under Section 14 of the Act, the remedy available to the petitioner now is to take recourse in the civil remedy.
In view of the above, we decline to exercise our discretionary jurisdiction in the matter.
The writ petition is dismissed with the above observations.
Order Date :- 5.11.2019 Ashutosh
1 issue framed by the court
Whether a bank entitled to maintenance of application under Section 14 of the SARFAESI Act after losing possession of mortgaged property.
1 provisions across 1 enactments
Bank Of Baroda
State Of U.P.
Pankaj Mithal
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
