Central Bank of India sought transfer of a tenant objection case under the SARFAESI Act due to persistent delays by the trial court. The High Court criticized the trial court's inaction and directed disposal within 10 working days.
Directed the learned CMM (West), Delhi to dispose of the matter within the next 10 working days positively.
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$~51.
..... Petitioner
Through: Mr. D.K. Devesh, Advocate.
versus
GOVT OF NCT OF DELHI & ORS
..... Respondents
Through: Mr. Mukesh Kumar, APP for the State.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
%
O R D E R 16.01.2017
Crl.M.A. Nos.792/2017 and 834/2017
Exemptions allowed, subject to all just exceptions.
The applications stand disposed of.
TR.P.(CRL.) 6/2017
Issue notice. Mr. Mukesh Kumar accepts notice on behalf of the State.
The petitioner has preferred the present transfer petition to seek transfer of case bearing CC No.74/4 titled Central Bank of India Vs. Rajesh Tanwar & Ors. from the Court of Ms. Charu Aggarwal, learned CMM (West), Tis Hazari Courts, Delhi to another Court having jurisdiction under
the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002.
The petitioner has preferred this petition with the grievance that the petitioner has not been able to take physical possession of the property bearing House No.WZ-408 A, Right Side Portion of 3rd Floor with terrace, part of Khasra No.698, Basai Darapur, New Delhi – 110015 on account of objection filed by respondent No.4, who claims to be a tenant in the said premises, which originally belong to respondents No.2 & 3. Respondents No.2 & 3 did not file any objection/ reply to the petitioner’s application under Section 14 of the SARFAESI Act, 2002. However, respondent No.4 filed his objection on 14.05.2016 by claiming tenancy for the period 10.04.2013 to 09.04.2018. The petitioner points out that on the said application, the Trial Court has granted stay of the order dated 08.04.2016. The matter has been taken up on 19.05.2016, 31.05.2016, 02.06.2016, 23.06.2016, 27.07.2016, 06.09.2016 and 24.10.2016.
Thereafter, the petitioner moved an application under Section 14 of the SARFAESI Act in view of the amendment made to the Act requiring disposal of the objections within 60 days. However, the said application was also adjourned on 24.10.2016 to 02.11.2016. The matter was thereafter adjourned to 21.11.2016, 02.12.2016, 14.12.2016, 21.12.2016, 26.12.2016 and now it stands adjourned to 23.01.2017, as informed by learned counsel for the petitioner.
This Court cannot appreciate the manner in which the learned CMM is proceeding in this case. Such delays lead to raising of concerns and doubts with regard o the independence and competence of the Court. The learned CMM (West), Delhi is, therefore, directed to dispose of the matter
within the next 10 working days positively.
The petition stands disposed of.
This order be communicated to the concerned CMM without any
delay.
Order Dasti under the signature of the Court Master to the petitioner. The order be communicated to the learned CMM by the petitioner as well.
VIPIN SANGHI, J.
JANUARY 16, 2017 B.S. Rohella
3 issues framed by the court
Whether the trial court must dispose of tenant objection proceedings under the SARFAESI Act within a specified time limit.
Whether delays in disposing of Section 14 applications raise concerns regarding judicial independence.
Whether the transfer petition seeking transfer under the SARFAESI Act is maintainable.
2 provisions across 1 enactments
CENTRAL BANK OF INDIA
GOVT OF NCT OF DELHI
VIPIN SANGHI
As recorded by the court registry
A petition to transfer a criminal case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
