Rbl Bank Ltd v. State Of Haryana And Others

CWP-11179-2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-11179-2019 Date of Decision: 30.4.2019 RBL Bank Limited

...Petitioner

Versus

State of Haryana and others

...Respondents

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

PRESENT: Mr. C.S. Pasricha, 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.2 to decide the application (Annexure P-2) 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.

Respondents No.3 to 6 requested the petitioner for grant of credit facilities in the shape of Loan Against Property (LAP). The petitioner vide sanction letter dated 28.2.2017 sanctioned total LAP of ` 160.20 lakhs to respondents No.3 to 6. To secure the repayment of the credit facilities advanced by the petitioner to respondents No.3 to 6, the immovable property as mentioned in para 3 of the writ petition was mortgaged in favour of the petitioner. Respondents No.3 to 6 had defaulted in repayment of loan amount and, therefore, their account was declared as Non-Performing GURBACHAN SINGH 2019.05.01 10:37 I attest to the accuracy and integrity of this document

CWP-11179-2019 -2Assets (NPA) on 1.6.2018. The notices dated 20.6.2018 (Annexure P-1 Colly) under Section 13(2) of the SARFAESI Act were issued to respondents No.3 to 6 raising a demand of ` 1,69,19,990.98 in both the loan accounts as on 20.6.2018 along with interest. Newspaper publications of the said notices were also effected by the petitioner on 27.7.2018. However, no amount was paid by the said respondents. Thereafter, the petitioner filed an application (Annexure P-2) under Section 14 of the SARFAESI Act before respondent No.2 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 (Annexure P-2) under Section 14 of the SARFAESI Act before respondent No.2, 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.2 to take a decision on the application (Annexure P-2), in accordance with law by passing a speaking order and after affording an opportunity of hearing to the concerned parties within a period of one month from the date of receipt of the certified copy of the order.

(AJAY KUMAR MITTAL) JUDGE April 30, 2019 (MANJARI NEHRU KAUL) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2019.05.01 10:37 I attest to the accuracy and integrity of this document