Oriental Bank Of Commerce v. M/S Brij Associates Through Its Proprietor

CWP-5202-2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-5202-2019 Date of Decision: 27.2.2019 Oriental Bank of Commerce

...Petitioner

Versus

M/s Brij Associates and others

...Respondents

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL.

PRESENT: Mr. Yogesh Putney, Advocate for the petitioner. AJAY KUMAR MITTAL, J.

1.

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ of mandamus directing respondent No.3 to decide the application dated 6.6.2018 (Annexure P-4) moved by the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the SARFAESI Act"). 2.

Respondent No.1 through respondent No.2 requested the petitioner for grant of loan facility. The petitioner got sanctioned the loan facility initially for ` 25 lakhs which was enhanced to ` 28.5 lakhs vide sanction letter dated 12.2.2015. Respondent No.1 mortgaged the immovable property as mentioned in para 5 of the writ petition in favour of the petitioner. Respondent No.1 had defaulted in repayment of principal debt/installments and interest thereon and, therefore, its account was declared as Non-Performing Account (NPA) on 28.2.2017. The petitioner filed OA-2705-2018 under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for recovery of ` 20,12,782/- along with interest. The notices dated 5.5.2017 (Annexure P-2 Colly) under GURBACHAN SINGH 2019.03.01 16:50 I attest to the accuracy and integrity of this document

CWP-5202-2019 -2Section 13(2) of the SARFAESI Act were issued to respondents No.1 and 2 through registered post raising a demand of ` 29,90,742/- along with interest as on 30.12.2017. Since, respondents No.1 and 2 failed to make the loan amount in question, the petitioner took possession of the mortgaged property vide notice dated 3.8.2017 (Annexure P-3) under Section 13(4) of the SARFAESI Act. Thereafter, the petitioner filed an application dated 6.6.2018 (Annexure P-4) under Section 14 of the SARFAESI Act before respondent No.3 for taking physical possession of the mortgaged property, but no response has been received till date. Hence, the present writ petition. 3.

Learned counsel for the petitioner submitted that for the relief claimed in the writ petition, the petitioner has moved an application dated 6.6.2018 (Annexure P-4) under Section 14 of the SARFAESI Act before respondent No.3, but no action has so far been taken thereon. 4.

After hearing learned counsel for the petitioner, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by directing respondent No.3 to take a decision on the application dated 6.6.2018 (Annexure P-4), in accordance with law by passing a speaking order and after affording an opportunity of hearing to the concerned parties within a period of six weeks from the date of receipt of the certified copy of the order. (AJAY KUMAR MITTAL) JUDGE February 27, 2019 (MANJARI NEHRU KAUL) gbs JUDGE Whether Speaking/Reasoned Yes/No GURBACHAN SINGH 2019.03.01 16:50 I attest to the accuracy and integrity of this document Whether Reportable Yes/No