The High Court disposed of a writ petition concerning possession under Section 14 of the SARFAESI Act. It directed the District Magistrate to comply with his previous order expeditiously.
Directed District Magistrate, Unnao, to deliver possession as per his Section 14 order within two weeks.
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Neutral Citation No. - 2024:AHC-LKO:45727-DB
Court No. - 3
Case :- WRIT - C No. - 4114 of 2024
Petitioner :- Jitendra Gupta Respondent :- Distt. Magistrate , Unnao And Others Counsel for Petitioner :- Ghulam Mohammad Kamil,Narendra Bahadur Singh
Counsel for Respondent :- C.S.C.,Vinay Shankar
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
Affidavit filed on behalf of respondent nos. 2 to 4 by Sri Vinay Shankar, Advocate is taken on record.
Learned counsel for the petitioner has pointed out the order passed by this court dated 09-05-2024.
We have gone through the order dated 09-052024. It is being quoted hereinunder:-
"1. Counsel for the petitioner is permitted to implead the Borrower who had mortgaged the secured asset with the opposite party-Bank, during course of the day, even though according to the petitioner, his securitization applications have been disposed of but he has not deposited the amount as was permitted therefore, he is entitled to the possession of the secured asset regarding which Section 10 order has already been passed though it is not on record which the petitioner should brring on record on the next date. The bank should file an affidavit clearly mentioning as to whether any proceedings are pending before any Tribunal, Forum or Court in respect of the secured asset in question or not.
2. Let notice be issued to the newly impleaded opposite party no. 5 through registered post.
3. List in the 1st week of July, 2024, as fresh. "
Leaned counsel appearing for the respondent-bank has prepared an affidavit, wherein, it has been stated that no proceedings are pending in any court, Tribunal or any forum against the order under section 14 of the SARFAESI Act, 2002, passed by the District Magistrate on 31-12-2018. The bank has already deposited Rs. 62,206/- on 09-02-2023 as expenses for taking police assistance, however, District Magistrate, Unnao, has not delivered the possession.
We take notice of the affidavit of the bank and the writ petition is disposed of with a direction to the District Magistrate, Unnao, to comply with his own order passed under section 14 of the SARFAESI Act, 2002, as expeditiously as possible, say within a period of two weeks from the date a certified copy of this order is produced him by the bank and the auction purchaser, if there is no other legal impleadment.
Order Date :- 5.7.2024 AKS
Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Jitendra Gupta
Distt. Magistrate, Unnao
Sangeeta Chandra
Shree Prakash Singh
As recorded by the court registry
3 orders share this CNR
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