Madhya Pradesh High Court
Asrec India Ltd Ltdhaving Its ... vs M/S Balaji Industrial Gases Thr Its ... on 26 April, 2022
Author: Chief Justice
Bench: Ravi Malimath
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
ON THE 26th OF APRIL, 2022
REVIEW PETITION No. 31 of 2021
Between:-
ASREC (INDIA) PRIVATE LIMITED HAVING ITS
REGISTERED OFFICE AT SOLITAIRE
CORPORATION PARK, BUILDING NO.2
THROUGH ITS AUTHORIZED OFFICER, UNIT
NO. 201-202-A AND 200-2002-B, GROUND FLOOR,
ANDHERI GHATKOPAR LINK ROAD, CHAKALA,
ANDHERI (EAST), MUMBAI-4000093, THROUGH
ITS AUTHORIZED OFFICER SHRI DINAKAR
KOTIAN, S/O SHRI SHIVAPPA K, AGED ABOUT 64
YEAR S , ASSISTANT VICE-PRESIDENT, ASREC
INDIA PRIVATE LIMITED (MAHARASHTRA)
.....PETITIONER
(BY MR. ASHISH KUMAR NEMA - ADVOCATE)
AND
1. M/S BALAJI INDUSTRIAL GASES, THROUGH ITS
PARTNERS SHRI SUNIL PUNJ S/O SHRI
UMASHANKAR SHARMA AND SMT. RENU, W/O
SHRI SUNIL PUNJ R/O VILLAGE SARASWADA,
TEHSIL AND DISTRICT CHHINDWARA
(MADHYA PRADESH)
2. SMT.URMILA W/O UMAKANT SHARMA, R/O 666,
FRIENDS COLONY, DISTRICT CHHINDWARA
(MADHYA PRADESH)
3. PRADEEP KUMAR MATHUR S/O RAMNARESH
MATHUR, R/O 43/31, VIVEKANAND COLONY,
DISTRICT CHHINDWARA (MADHYA PRADESH)
4. SMT.KANTI W/O RAMCHAND CHOURASIYA,
R/O JUNARDEO, TEHSIL JUNARDEO, DISTRICT
CHHINDWARA (MADHYA PRADESH)
2
.....RESPONDENTS
(MS. RASHI DUA - ADVOCATE FOR RESPONDENTS NO.1 AND 2)
This petition coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
Heard learned counsels.
This petition is filed seeking to review the order dated 10.12.2020 passed by the Division Bench of this Court in Miscellaneous Petition No.2103 of 2020 .
In terms of the said order, a finding has been recorded to the effect that the secured creditor is in possession of the property in question. Therefore, it was held that the question for consideration is as to whether the petitioner is entitled for physical possession of the property in question which is already in possession of the secured creditor. Once again in para 11 it is held that once the possession of the secured asset is given to the secured creditor, any person claiming interest through him can re-invoke Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
On considering the same and the contentions of the petitioner, it would transpire that the plea of the review petitioner is that possession of the property has not been granted to him. That he is assignee of the property in question from Allahabad Bank. That the finding recorded with regard to the fact that the secured creditor is in possession of the property, in our considered view, may not be in tune with the records of the case. That the possession still continues with the respondent-debtor which is not disputed by the learned counsel. Hence, we are of the view that the order suffers from an error apparent on the face of the record.
Consequently, the review petition is allowed. The order dated 3 10.12.2020 passed in Miscellaneous Petition No.2103 of 2020 is reviewed and recalled. The Miscellaneous Petition No.2103 of 2020 is restored to its file.
Post Miscellaneous Petition No.2103 of 2020 for further consideration after two weeks.
(RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
Nitesh
Digitally signed by NITESH PANDEY
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH,
ou=JUDICIAL,
pseudonym=86489bc20a6a406d98306b23025621ce, postalCode=482001, st=MADHYA PRADESH, serialNumber=d3c43878e5123dcce8275e09def7b0ce2222 e9c91b1174c5e2ab8b19437c9ae5, cn=NITESH PANDEY Date: 2022.04.27 15:50:46 +05'30' Adobe Reader version: 11.0.8