Ajay Kumar @ Ajay Sharma And ANR v. Aadhar Housing Finance Ltd.

-1- , though date thereof is not mentioned. Proceedings under the

-2were initiated by the respondent. It is to be noted that notice under Section 13(2) of has not been attached and neither is learned counsel for the petitioner able to disclose details thereof. Notice under Section 13(4) of was issued on 22.07.2023.

It is a settled position of law that it is only in exceptional or extraordinary circumstances that interference by this Court is made out. This position has been reiterated by the Hon'ble Supreme Court in and

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-4t is also to be noted that this writ petition has been filed seeking relief qua a private nonbanking housing finance company i.e. Aadhar Housing Finance Ltd., therefore, interference by way of this writ petition is not called for in any manner. Hon'ble the Supreme Court in Phoenix ARC Private Limited. Vs. Vishwa Bharati Vidya Mandir and others, 2022 AIR (SC) 1045, has held as under:- "Even otherwise, it is required to be noted that a writ petition against the private financial institution - ARC - appellant herein under Article 226 of the Constitution of India against the proposed action/actions under Section 13(4) of the SARFAESI Act can be said to be not maintainable. In the present case, the ARC proposed to take action/actions under the SARFAESI Act to recover the borrowed amount as a secured creditor.

The ARC as such cannot be said to be performing public functions which are normally expected to be performed by the State authorities. During the course of a commercial transaction and under the contract, the bank/ARC lent the money to the borrowers herein and therefore the said activity of the bank/ARC cannot be said to be as performing a public function which is normally expected to be performed by the State authorities.

-5SARFAESI Act and no writ petition would lie and/or is maintainable and/or entertainable. Therefore, decisions of this Court in the cases of Praga Tools Corporation v. Shri C.A. imanual, (1969) 1 SCC 585 and Ramesh Ahluwalia Vs. State of Punjab, (2012) 12 SCC 331 relied upon by the learned counsel appearing on behalf of the borrowers are not of any assistance to the borrowers."

7.

Keeping in view the facts and circumstances of the matter, writ petition is accordingly dismissed with liberty to the petitioners to avail the remedy/remedies as may be available to the petitioners, in accordance with law.