Madhya Pradesh High Court
Shri Atma Dev Mishra vs Cent Bank Home Finance Limited on 26 March, 2013
Writ Petition No : 5362 / 2013
Shri Atma Dev Mishra Vs. Cent Bank Home Finance Ltd and others
26.03.2013.
Shri A.C. Thakur for the petitioner.
Petitioner has filed this writ petition challenging the order-
dated 13.2.2013 - Annexure A/1, passed by the respondent bank
rejecting a prayer made by the petitioner in an application filed purportedly under section 13(8) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'Act of 2002').
Records indicate that challenging the same action petitioner has already filed an application before the Debts Recovery Tribunal, the same is pending, and the proceedings are fixed before the Tribunal on 1.4.2013.
It is only stated that the Presiding Officer is on leave and, therefore, this writ petition is filed. However, the petition is filed mainly to say that before the Presiding Officer takes over, the sale and auction proceedings should not be undertaken.
A perusal of the order-dated 13.2.2013 - Annexure A/1 clearly shows that auction is already concluded, sale amount has been deposited by the auction purchaser and even the sale certificate has been issued. Under such circumstances, I see no reason to interfere into the matter, particular when the matter is sub judice before the Debts Recovery Tribunal.
Accordingly, granting liberty to the petitioner to pursue the matter which is pending before the Debts Recovery Tribunal, this petition stands disposed of.
Certified copy as per rules today.
(RAJENDRA MENON) JUDGE Aks/-