Petitioner, an auction purchaser under S.ESA Act 2002, sought possession despite a pending DR appeal by the original owner. Court held two parallel proceedings cannot coexist.
Writ petition disposed with liberty to petitioner to approach the appellate tribunal for redressal of grievances.
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Court No. - 39
Case :- WRIT - C No. - 5089 of 2021 Petitioner :- Ajay Kumar Gupta Respondent :- Authorised Officer, Allahabad Bank And 4 Others
Counsel for Petitioner :- Sanjay Kumar Gupta Counsel for Respondent :- C.S.C.,Pashupati Nath Tripathi
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
The petitioner claims to be an auction purchaser in the sale conducted by the respondent-bank in accordance with the provision of Rule 9(9) of the Security Interest (Enforcement) Rule' 2002 framed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. The contention is that despite issuance of the sale certificate dated 06.10.2015 and confirmation of the sale, possession of the secured assets has not been handed over to the petitioner. It is then sought to be submitted that the competent Additional District Magistrate had passed an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 06.05.2017. As far as the remedy availed by the respondent No.5, the original owner, it is admitted that an appeal before the Debt Recovery Tribunal is pending.
In the considered opinion of the Court, the petitioner has to approach the appellate tribunal by moving an appropriate application as two parallel proceeding in one matter cannot be undertaken.
The writ petition is disposed of with liberty to the petitioner to approach the appellate tribunal for redressal of his grievances.
Order Date :- 22.2.2021 Himanshu
2 issues framed by the court
Whether an auction purchaser can approach the writ court for delivery of possession when a parallel appeal is pending before the appellate tribunal relating to Section 14 proceedings.
Whether two parallel proceedings regarding the same secured assets can be undertaken simultaneously.
3 provisions across 2 enactments
Ajay Kumar Gupta
Authorised Officer, Allahabad Bank and 4 Others
Sunita Agarwal
Deepak Verma
As recorded by the court registry
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