A writ petition challenging possession notice issued under S. 12 of SARFAESI Act. Petitioner aggrieved by DRAT's lack of sittings and failure to list an stay application on a non-sitting date. Court directed Registrar to explain schedule and disposed of matter on counsel's submission.
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GAHC010000862020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 55/2020
1:CHHAYA ROY
W/O. LT. SH. ASHIM KUMAR ROY, PERMANENT ADDRESS CHHAYA ROY, C/O. LT. ASHIM KUMAR ROY, CLUB ROAD, SILCHAR-788001, ASSAM, CURRENT RESIDENTIAL ADDRESS- F-1103, CHITTARANJAN PARK, NEW DELHI-110019.
VERSUS
1:AXIS BANK LTD. AND 3 ORS.
TRISHUL 3RD FLOOR, OPP. SAMARTHESHWAR TEMPLE LAW GARDEN, ELLISBRIDGE, AHMEDABAD, GUJARAT 380006, INDIA (REGD. OFFICE)
2:AXIS BANK LTD., BOMBAY DYEING MILLS COMPOUND PANCURANG BUDHKAR MARG WORLI MUMBAI-400025 (CORPORATE OFFICE)
3:AXIS BANK LTD., L.B. PLAZA ABOVE HDFC BHANGAGARH G.S. ROAD GUWAHATI-781005 KAMRUP (M) ASSAM.
4:M/S JOHN SMEAL AND COMPANY PVT. LTD. SILCHAR WARD NO.4 DIST. CACHAR
Advocate for the Petitioner : MR. M.K. ROY
Advocate for the Respondent :
- B E F O R E -
HON’BLE THE CHIEF JUSTICE MR. AJAI LAMBA HON’BLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 10-02-2020 (Ajai Lamba, C.J.)
Order dated 23.01.2020 notices the gist of the issue raised by Smti. Chhaya Roy by virtue of filing this petition.
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For brevity sake, order dated 23.01.2020 is extracted herein below:-
“1. It is the contention of the writ petitioner that at the instance of Axis Bank, possession notice dated 07.11.2019 (Annexure-X) has been issued under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the Act of 2002) in exercise of powers under Section 12 (12), read with Rule 3 of the Rules of 2002. Demand notice was issued upon the borrower John Smeal & Company Pvt. Ltd.
Contention of learned counsel for the petitioner is that the land taken on 99 years lease by the predecessor-in-interest of the petitioner from the borrower is also subject matter of the notice. The notice has been challenged before the Debt Recovery Tribunal, Guwahati in exercise of statutory rights given to the petitioner. Debt Recovery Tribunal, however, does not have regular sittings in Guwahati. It has been pleaded that so much so no schedule of sitting is given by the Debt Recovery Tribunal in Guwahati, although there is a Circuit Bench.
It has been pleaded that the petitioner was given to understand that the Circuit Bench would hold court from 01.01.2020 to 10.01.2020. Accordingly, the petitioner filed a petition before Debt Recovery Tribunal on 21.12.2019 which was directed to be listed on 10.01.2020.However, the Tribunal held court only till 09.01.2020. The petitioner is aggrieved because in the meantime, rights of the petitioner are likely to be adversely affected because the process under the Act of 2002 is going on.
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2. Learned counsel for the petitioner contends that in the interregnum period, the Debt Recovery Tribunal has already issued notice on the application of the petitioner and, therefore, cause of action does not survive.
3. Disposed of on the statement of learned counsel for the petitioner.
JUDGE
CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether the petitioner has the right to file a petition before the Debt Recovery Tribunal given the lack of sittings and published schedules?
Whether the writ petitioner can obtain additional relief regarding the enforcement proceedings despite the filing in DRAT?
1 provisions across 1 enactments
CHHAYA ROY
AXIS BANK LTD.
M/S JOHN SMEAL AND COMPANY PVT. LTD.
AJAI LAMBA
SOUMITRA SAIKIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
