Allowed

The Housing Anr. Urban Developm v. Dr.Matuk Nathchaudhary and Ors.

Patna HC19 Feb 2013L.P.A/515/2012

Case brief

AI extract

What is this about?

The Patna High Court allowed the Letters Patent Appeal filed by HUDCO, setting aside the lower court's order. The appeal was decided on the assurance by the counsel for the Writ Petitioner that they would avail of the alternative statutory remedy under the SARFAESI Act and sought leave to withdraw the writ petition.

What did the court decide?

The impugned judgment dated 7.2.2012 is set aside. C.W.J.C. No. 2048 of 2012 is disposed of as withdrawn. Liberty to avail alternative statutory remedy is granted.

The Housing Anr. Urban Developm Vs Dr.Matuk… — Writ and Judicial Review | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.515 of 2012

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Civil Writ Jurisdiction Case No. 2048 of 2012

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

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The Housing and Urban Development Corporation Ltd. having its Corporate Office At Core 7A, HUDCO, HUDCO Bhawan, India Habitat Centre, Lodi Road, New Delhi- 110003, through its Chairman cum Managing Director

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The Regional Chief Regional Office, The Housing and Urban Development Corporation Ltd., 2nd Floor, Block B-2, Maurya Lok Complex, Dak Banglaw Road, Patna

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The Authorized Officer Regional Office the Housing and Urban Development Corporation Ltd., 2nd Floor, Block B-2, Maurya Lok Complex, Dak Banglaw Road, Patna

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.... .... Respondent nos.1,2 and 3 in the Writ Petition-Appellants Versus

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Dr. Matuk Nath Chaudhary S/o Late Yugal Kishore Chaudhary R/o Flat No. 303, Saraswati Niwas Apartment, Road No. 12, Rajendra Nagar, P.S.Kadamkuan, Distt.- Patna- 800016.

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…. …. Writ Petitioner-Respondent no.1 2. Goswami Developer Pvt. Ltd. Office at Apna Ghar, 2nd Floor, Abhay Bhawan, Fraser Rod, Patna-800001 through its Managing Director Shri Lallan Sharma, S/o Late Kameshwar Singh, R/o Durga Niwas, Beside Hope Apartment, Indrapuri, Ashiana Road, Patna-800014

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.... .... Respondent in the Writ Petition-Respondent No.2

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Reena Sharma Wife of Lallan Sharma, S/o Late Kameshwar Singh, R/o Durga Niwas, Beside Hope Apartment, Indrapuri, Ashiana Road, Patna800014, Director in Goswami Developer Pvt. Ltd. Office at Apna Ghar, 2^nd Floor, Abhay Bhawan, Fraser Rod, Patna-800001

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…. …. Respondent in the Writ Petition-Respondent No.3 4. Alok Kumar, Director in Goswami Developer Pvt. Ltd. Office at Apna Ghar, 2^nd Floor, Abhay Bhawan, Fraser Rod, Patna-800001 and resident of Flat no.303, Saraswati Niwas Apartment, Road no.12, Rajendra Nagar, P.S.-Kadamkuan, Distt: Patna-800016.

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Patna High Court LPA No.515 of 2012 (7) dt.19-02-2013

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2 / 3

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…. …. Respondent in the Writ Petition-Respondent No.4

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====================================================== Appearance : For the Appellants : Mr. Sanjay Singh Thakur, Advocate For the Respondent No.1: Mr. Gautam Kejriwal, Advocate For the Respondent nos.2-4: Mr. Arbind Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

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19-2-2013

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Feeling aggrieved by the judgment and order dated 7^th February 2012 passed by the learned single Judge in C.W.J.C. No. 2048 of 2012, the respondent Housing and Urban Development Corporation Limited, the financier, has preferred this Appeal under Clause 10 of the Letters Patent.

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The matter at issue is the power of the appellant to recover its dues by sale of the property mortgaged to it under the provisions contained in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

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Learned advocate Mr. Gautam Kejriwal appears for the respondent writ petitioner. He states that the writ petitioner shall avail of the alternative remedy before the Debts Recovery Tribunal. He, therefore, seeks leave to withdraw the writ petition.

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In the above circumstances, the Appeal is allowed. The impugned judgment and order dated 7^th February 2012 passed in C.W.J.C. No. 2048 of 2012 is set aside. C.W.J.C. No. 2048 of 2012 is disposed of as withdrawn.

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It is clarified that the writ petitioner shall have liberty to avail of the alternative statutory remedy in the same

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Patna High Court LPA No.515 of 2012 (7) dt.19-02-2013

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3 / 3

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subject matter.

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(R.M. Doshit, CJ)

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(Ahsanuddin Amanullah, J) Pawan/-

The Housing Anr. Urban Developm v. Dr.Matuk Nathchaudhary and Ors.

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The Housing Anr. Urban Developm v. Dr.Matuk Nathchaudhary and Ors.

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