Disposed

Ashok Kumar Garg v. Au Small Finance Bank Limited

Rajasthan HC4 Jul 2024CW/10311/2024

Case brief

AI extract

What is this about?

Petitioners seeking interim relief from bank's possession due to non-functional DRT Jaipur. Writ petition disposed of as withdrawn with liberty to approach Tribunal. Bank prohibited from coercive possession within 15 days.

What did the court decide?

Writ petition disposed of as withdrawn with liberty to approach Tribunal; bank prohibited from coercive action for 15 days.

Ashok Kumar Garg Vs Au Small Finance Bank… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:26890]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 10311/2024

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Ashok Kumar Garg S/o Shri Jawahar Lal Garg, Aged About 54 Years, R/o 261 Garg Niwas, Majdoor Para, Ward No. 10, Jaisalmer, Rajasthan.

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Smt. Shiriya Devi W/o Shri Jawahar Lal Garg, Aged About 70 Years, R/o 261 Garg Niwas, Majdoor Para, Ward No. 10, Jaisalmer, Rajasthan.

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----Petitioners

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Versus

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Au Small Finance Bank Limited, Au Neev 15-A, Dhuleshwar Godwn Ajmer Road, Jaipur.

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Au Small Finance Bank Limited, Jaisalmer, Through Its Branch Manager.

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The Branch Manager, Au Small Finance Bank Limited, Jaisalmer.

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----Respondents

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For Petitioner(s) : Ms. Kiran for Mr. Vinod Choudhary

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HON'BLE MS. JUSTICE REKHA BORANA Order

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04/07/2024

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Learned counsel for the petitioners submits that the respondent bank, without serving any prior notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 straightaway affixed the notice dated 19.06.2024 on his house and seized the same on the same date.

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Learned counsel further submits that although the remedy lies before the Debt Recovery Tribunal but as there was no presiding officer appointed at DRT, Jaipur and the Tribunal was not functional, the present writ petition has been preferred before this Court.

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Counsel submits that the petitioners were not aware of the fact that the additional charge of DRT, Jaipur has been given to DRT-II, Delhi.

[2024:RJ-JD:26890]

[CW-10311/2024]

(2 of 2)

Learned counsel fairly submits that in the above circumstances, the petitioners are ready and willing to move before the Tribunal but then, till that period, appropriate interim relief/protection be granted in favour of the petitioners.

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What is evident on record is that there was no officer appointed in DRT, Jaipur and the said Tribunal was not functional for the period from 09.05.2024 to 19.06.2024. Vide order dated 19.06.2024, the additional charge of the Presiding Officer at DRT, Delhi has been extended.

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In view of above facts and circumstances, the prayer as made by learned counsel for the petitioner seems to be genuine. Therefore, the petitioners are permitted to withdraw the present writ petition with a liberty to take appropriate proceedings before the appropriate forum.

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Accordingly, the writ petition is disposed of as withdrawn with the liberty as aforesaid.

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However, the proceedings whatsoever, be taken within a period of 15 days from now. Till the said period, no coercive action shall be taken by the respondent bank to take possession of the property of the petitioners.

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The stay petition and the pending applications, if any, also stand disposed of .

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(REKHA BORANA),J

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188-Devanshi/Abhishek-

Ashok Kumar Garg v. Au Small Finance Bank Limited

Case brief

What is this about?

What did the court decide?

Ashok Kumar Garg v. Au Small Finance Bank Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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