Delhi District Court
Additional Chief Metropolitan ... vs Sarlasons Impex India Pvt. Ltd on 17 August, 2022
IN THE COURT OF MS. NABEELA WALI
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE-01
NEW DELHI DISTRICT, PATIALA HOUSE COURTS: NEW DELHI
SARFAESI PETITION
17.08.2022
Case No. 6742/22
Aditya Birla Finance Limited
Having its registered office:-
Indian Rayon Compound
Veraval, Gujarat-362266
Having its Branch office at:-
1st Floor, Vijaya Building 17
Barakhamba Road, New Delhi-110001
.... Secured creditor/Petitioner Company
Versus
1. Sarlasons Impex India Pvt. Ltd.
Through Director
Plot No. 783, AB Block, Business No. 03
Salt Lake, Kolkata-700064
Also At:-
C-4/1, Entire First Floor
Vasant Bihar, New Delhi-110057
Also At:-
Plot No. 783, AE Block, Business No. 03
Salt Lake, Kolkata-700064
Also At:- CJ-315, Sector-II, Salt Lake, Kolkata-700064
Also At:- LG-16, Somdutt Chambers 11
Building No. 9, Bhikaji Cama Place
New Delhi-110066
2. M/s Resolution Enterprises
Through its Partners
Plot No. 783, AB Block, Business No. 03
Salt Lake, Kolkata-700064
Also At:-
CC No:- 6742/22 Aditya Birla Finance Limited v. Sarlasons Impex India Pvt. Ltd. & Ors. Page No. 1 of 7
C-4/1, Entire First Floor
Vasant Bihar, New Delhi-110057
Also At:-
Plot No. 783, AE Block, Business No. 03
Salt Lake, Kolkata-700064
Also At:- CJ-315, Sector-II, Salt Lake, Kolkata-700064
Also At:- LG-16, Somdutt Chambers 11
Building No. 9, Bhikaji Cama Place
New Delhi-110066
3. Sh. Shrirup Roy Choudhary
Plot No. 783, AB Block, Business No. 03
Salt Lake, Kolkata-700064
Also At:-
C-4/1, Entire First Floor
Vasant Bihar, New Delhi-110057
Also At:-
Plot No. 783, AE Block, Business No. 03
Salt Lake, Kolkata-700064
Also At:- CJ-315, Sector-II, Salt Lake, Kolkata-700064
Also At:- LG-16, Somdutt Chambers 11
Building No. 9, Bhikaji Cama Place
New Delhi-110066
4. Ms. Sharmistha Roy Choudhary
Plot No. 783, AB Block, Business No. 03
Salt Lake, Kolkata-700064
Also At:-
C-4/1, Entire First Floor
Vasant Bihar, New Delhi-110057
Also At:-
Plot No. 783, AE Block, Business No. 03
Salt Lake, Kolkata-700064
Also At:- CJ-315, Sector-II, Salt Lake, Kolkata-700064
Also At:- LG-16, Somdutt Chambers 11
Building No. 9, Bhikaji Cama Place
New Delhi-110066
.... Respondents
ORDER
1. This is an application moved by the Petitioner Company under CC No:- 6742/22 Aditya Birla Finance Limited v. Sarlasons Impex India Pvt. Ltd. & Ors. Page No. 2 of 7 Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act'). It is submitted by Ld. counsel for Petitioner Company that respondents approached the Company and requested for grant of loan facility against property and after believing upon the presentation and request of respondents, the Petitioner Company sanctioned sum of Rs. 90,00,000/- (Rupees Ninety Lacs only) qua loan account ABFLKOLLAP0000042540 and another amount of Rs.70,00,000/- (Rupees Seventy Lacs only) qua loan account ABFLKOLLAP0000042615 in favour of respondents. In order to secure the said loan, the respondents created security interest on property i.e. "All that is part and parcel of Immovable property being Entire First Floor, only of the said property i.e. Freehold Property bearing Plot No. C-4/1, situated in the lay-out plan of Vasant Vihar of the Government Servants' Co-operative House Building Society Limited known as Vasant Vihar, New Delhi-110057 area measuring 400 Sq. Yards alongwith the facilities for (a) parking space for two cars only (b) one servant room with common WC cum bath, on the Stilt Parking Level/Floor, together with fixtures, fittings, separate electricity and water connections, as well as common rights to use only the common entrance, common passage and common staircase and the other common facilities/amenities, lift provided therein, along with one independent underground water tank on the ground level and one independent overhead water tank on the Terrace Level, common rights to access and use the services on the terrace floor with all rights, title, interest, privileges, easement and appurtenances attached thereto, alongwith proportionate, undivided, indivisible and impartible freehold rights in the said plot within the local limit of Police Station Vasant Vihar" in favour of the Petitioner Company. However, after availing the credit facility, the respondents did not adhere to CC No:- 6742/22 Aditya Birla Finance Limited v. Sarlasons Impex India Pvt. Ltd. & Ors. Page No. 3 of 7 the financial commitments made under the agreement and committed defaults with regard to repayment plan and further the respondents' loan account was declared non performing asset on 15.01.2022. Notice under Section 13(2) dated 22.04.2022 was duly served upon the respondents demanding sum of Rs.1,54,36,146.30/- as on 23.04.2022/-. As per CW-1/A, despite the service of abovesaid notice, respondents failed to discharge their liability within the period of 60 days. Also, as mentioned in the application, no notice or representation in reply to the notice was received from the borrower, no outstanding payment was made by the respondents, hence the present petition has been filed before this Court.
2. I have heard the arguments of Ld. Counsel for Petitioner Company and gone through the relevant provisions of law. I have also perused the copy of documents relating to the loan/mortgage qua property in question produced by the Petitioner Company along with affidavit and also satisfied with the same. The original documents have been perused and returned to the AR of the Petitioner Company. The documents have also been produced in support of the submission that notice under Section 13(2) of the Act was duly served upon the respondents and despite that the outstanding amount has not been paid within the stipulated period. As per statement of CW-1, secured asset is not in possession of lessee under the valid lease made prior to creation of the mortgage by the respondents or made in accordance with Section 65-A of T. P. Act, prior to receipt of notice under Section 13(2) of SARFAESI Act and there is no stay pending in any other Court of law regarding the property in question.
3. Section 14 of SARFAESI Act makes it mandatory for the CMM/ACMM to order taking possession of the assets mortgaged and the CC No:- 6742/22 Aditya Birla Finance Limited v. Sarlasons Impex India Pvt. Ltd. & Ors. Page No. 4 of 7 documents relating thereto and forward such assets and documents to the secured creditor and for the purpose of securing compliance, the Court may take or cause to be taken such steps and use or cause to be used, such force, as may, in his opinion, be necessary.
4. In view of the aforesaid provisions of law and the submissions made I appoint Ms. Rinku Parewa, Advocate, Enrollment No. D- 1153/2016, Office at:- 98-C, Pocket-B, Mayur Vihar, Phase-2, Delhi, Mobile No:- 8860306743 to take possession of mortgaged property i.e. "All that is part and parcel of Immovable property being Entire First Floor, only of the said property i.e. Freehold Property bearing Plot No. C-4/1, situated in the lay-out plan of Vasant Vihar of the Government Servants' Co-operative House Building Society Limited known as Vasant Vihar, New Delhi-110057 area measuring 400 Sq. Yards alongwith the facilities for (a) parking space for two cars only (b) one servant room with common WC cum bath, on the Stilt Parking Level/Floor, together with fixtures, fittings, separate electricity and water connections, as well as common rights to use only the common entrance, common passage and common staircase and the other common facilities/amenities, lift provided therein, along with one independent underground water tank on the ground level and one independent overhead water tank on the Terrace Level, common rights to access and use the services on the terrace floor with all rights, title, interest, privileges, easement and appurtenances attached thereto, alongwith proportionate, undivided, indivisible and impartible freehold rights in the said plot within the local limit of Police Station Vasant Vihar" with the help of police aid including one lady police official and submit her report accordingly. No time limit is fixed for taking possession of secured asset in terms of directions passed in CC No:- 6742/22 Aditya Birla Finance Limited v. Sarlasons Impex India Pvt. Ltd. & Ors. Page No. 5 of 7 judgment of Housing Development Finance Corporation Ltd. v. Rakesh Kumar & Ors, CM(M) 647/2021 of Hon'ble Delhi High Court dated 09.12.2021. Receiver shall give possession notice to the authorized officer of the secured creditor and the borrowers 15 days in advance. Possession notice shall also be affixed on the outdoor or, at such conspicuous place of the immovable property and photographs of that place shall be taken including display of notice on property.
5. Receiver is also empowered to break open the locks in case property in dispute is found locked and in that eventuality, she shall prepare inventory with regards to the items kept inside the premises and hand over one list duly signed by the witnesses and by the receiver to the borrower, if present at the site, and one copy duly signed by the witnesses and by the receiver will be annexed with her report. Photographs of the locked premises before take over and after take over and photographs of the items kept inside the premises shall also be taken by the receiver and be annexed with the report. Broken locks shall be sealed in cloth pulanda and be deposited with concerned Company. Miscellaneous expenses on this account shall be borne by the Petitioner Company. After taking over the secured asset it should be handed over to the authorized officer of the Company. Photographs be enclosed with the report. Accompanying witnesses shall sign the proceedings. Moreover, Receiver is required to ensure that while executing the order there is no stay from any Court in respect of the aforesaid property. The fee of the Receiver is fixed as Rs. 80,000/- in total to be paid by the Petitioner Company and fees shall be paid to the Receiver within 15 days from today. A copy of this order be given to the Receiver as well as to the Petitioner Company for compliance and one copy of order be sent to the SHO concerned.
CC No:- 6742/22 Aditya Birla Finance Limited v. Sarlasons Impex India Pvt. Ltd. & Ors. Page No. 6 of 7
6. Objections, if any by whomsoever concerned should be made before the Debt Recovery Tribunal and no objections shall be entertained in this Court. Under the scheme of the Act this court is supposed to provide the assistance to the Financial Institutions to obtain the possession of the secured asset in accordance with law. This Court is not supposed to decide any of the issue between the parties on its merits. After the appointment of Receiver nothing survives in the petition. Receiver is directed to file the compliance report in the office. File be consigned to record room after due compliance. Dasti be given.
ANNOUNCED IN OPEN COURT ON 17.08.2022 (NABEELA WALI) ACMM-01, NEW DELHI DISTRICT PATIALA HOUSE COURTS, NEW DELHI This order contains seven pages and each page is signed by me.
(NABEELA WALI) ACMM-01, NEW DELHI DISTRICT PATIALA HOUSE COURTS, NEW DELHI CC No:- 6742/22 Aditya Birla Finance Limited v. Sarlasons Impex India Pvt. Ltd. & Ors. Page No. 7 of 7