Savitri Devi & ORS v. State Bank Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9653/2018 SAVITRI DEVI & ORS ..... Petitioners Through:

Ms Pratiti Rungta and Mr Sumit Pargal, Advocates.

versus STATE BANK OF INDIA ..... Respondent Through:

Mr Mithilesh Pal, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 14.09.2018 CM No. 37582/2018 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 9653/2018 3.

Issue notice.

4.

The learned counsel appearing for the respondent accepts notice. 5.

The petitioners have filed the present petition, inter alia, praying as under:- "(a) Issue a writ of certiorari and / or any other appropriate writ order or direction thereby extending the period of taking over physical possession of the property being Entire Ground floor with servant quarter on 2nd floor and entire basement of property bearing No.D-119, Saket, New Delhi, by three months thereby directing the respondent not to take physical possession of the property in question for a period of three months from the date of the order so as to enable the petitioners to make arrangements to shift alongwith their family members comprising of females, children and senior citizen;"

6.

The relevant facts necessary to address the present controversy are that one M/s Radikal Foods Limited had availed certain financial assistance from the respondent bank. The repayment of the dues was guaranteed by several persons including Sh. C.P. Chaudhary, who has since expired. M/s Radikal Foods Limited defaulted in repayment of the dues to the respondent bank. The petitioners are legal heirs of the deceased Sh C.P. Chaudhary. 7.

On 30.12.2017, the respondent issued a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter 'the SARFAESI Act'), inter alia, to the petitioners as legal heirs of Late Sh C.P. Chaudhary, claiming a sum of ₹ 695,13,16,548/- as on 30.12.2017. The petitioners filed their objections to the said notice. However, the same were not accepted. 8.

In the meanwhile, this Court also ordered for winding up of M/s Radikal Foods Ltd.

9.

In July 2018, the respondent filed an application under Section 14 of the SARFAESI Act before the Court of Learned CMM, South East District, Saket Court seeking an appointment of a Receiver to take physical possession of the property in question (entire Ground Floor with Servant Quarter on Second Floor and Entire Basement of the property bearing No. D-119, Saket, New Delhi). On 30.08.2018, the Receiver so appointed has issued a possession notice indicating that he would be taking physical possession of the property in question on 17.09.2018. 10.

The learned counsel appearing for the petitioners submits that the petitioners would voluntarily handover the physical possession of the

property in question to the Receiver; however, they require some time to make alternate arrangements.

11.

Petitioner no.1 is the mother of Lt. Sh. C.P. Chaudhary and is of an advanced age. Petitioner no.2 to 4 are the sons/daughter of Lt Sh Chaudhry and are currently students studying in a college. 12.

Given the mitigating circumstances, the request made by the petitioners is reasonable and this Court finds no reason for that to be opposed. In the aforesaid view, the present petition is allowed and the implementation of the notice dated 30.08.2018 issued by the Receiver is directed to be deferred for a period of three months from today. This is subject to the petitioners filing an undertaking by way of an affidavit affirming that they shall handover peaceful vacant possession of the property in question to the authorised officer of the respondent on or before three months from today. It is also directed that the petitioners will not induct any other person in the said property. The aforesaid undertaking be filed within a period of one week from today. 13.

It is clarified that on the possession of the property in question being so being handed over, the Receiver appointed by Learned CMM, South East District, Saket Court, would stand discharged. 14.

Order dasti under signature of Court Master.

VIBHU BAKHRU, J SEPTEMBER 14, 2018/RK