Dismissed

Neelamben Hareshbhai Shah v. Authorized Officer of Punjab National Bank

Gujarat HC11 Jul 2022SCA/13012/2022

Case brief

AI extract

What is this about?

Oral order disposing of a writ application against the Authorized Officer of Punjab National Bank. The court held that since the applicants possess a statutory remedy under Section 17 of the SARFAESI Act by preferring a Securitization Application, no further order is required. The matter was set aside in favor of pursuing the available statutory remedy before the DRT-II.

What did the court decide?

None. The writ application stands disposed of without further order as the statutory remedy under Section 17 of the SARFAESI Act is available.

Neelamben Hareshbhai Shah Vs Authorized Officer of… — Banking and Recovery | Gujarat HC (2022)

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C/SCA/13012/2022 ORDER DATED: 11/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13012 of 2022

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=====================================================

¶4

NEELAMBEN HARESHBHAI SHAH

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Versus

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AUTHORIZED OFFICER OF PUNJAB NATIONAL BANK

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=====================================================

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Appearance:

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MR JIGER K MEHTA(7548) for the Petitioner(s) No.
1,2,3,4

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MR SAGAR K MEHTA(5606) for the Petitioner(s) No.
1,2,3,4

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for the Respondent(s) No. 1

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=====================================================

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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Date : 11/07/2022 ORAL ORDER

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1.Heard Mr. Jigar Mehta, learned advocate appearing for the writ applicants.

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2.The writ applicants herein have approached this Court seeking the following reliefs :-

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"A) Your Lordships may be pleased to admit and
allow this petition;

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B) Your Lordship may be pleased to quash and
set aside the entire action of the respondent
in initiating measures against the applicants
and the property as stated in para 4.1
hereinabove under the SARFAESI Act including
impugned notice dated 2/12/21 issued by the
respondent and all the subsequent action taken
by the respondent on the basis of the said
impugned notice.

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C) Your Lordships may be pleased to issue a,
order or direction, to the respondent no.1 to
not take any coercive steps against the
petitioners as petitioners has preferred an
appeal before the Debt Recovery Tribunal-I in

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Page 1 of 2

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C/SCA/13012/2022 ORDER DATED: 11/07/2022

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the interest of justice.

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D) Pending the admission and final hearing of
the present petition, be pleased to restrain
respondent to take forcible possession of the
property of teh petitioners and stay the order
passed by Ld. Chief metropolitan magistrate
dated 07/04/2022 passed under Section 14 of
the act by staying further proceedings
pursuant to said notices.

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E) Any other and further reliefs as this
Honourable court may deem fit and proper in
the interest of the justice."

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3.This Court is informed that the DRT-II is given the charge of DRT-I till the permanent member is appointed. The Court relying on the communication dated 07.07.2022.

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4.In view of above, the writ applicants have available statutory remedy of the Section 17 of the SARFAESI Act and having filed Securitization Application pursue the remedy available under the law.

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5.In view of above, no further order is required to be passed. The present writ application stands disposed of. It is open for the writ applicants to file appropriate application for early hearing before the DRT-II in case of urgency. If such application is preferred by the writ applicants, the authority may consider the same in accordance with law.

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(VAIBHAVI D. NANAVATI,J)

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Pallavi

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Page 2 of 2

Neelamben Hareshbhai Shah v. Authorized Officer of Punjab National Bank

Case brief

What is this about?

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Neelamben Hareshbhai Shah v. Authorized Officer of Punjab National Bank

Case brief

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