Allahabad High Court
Brijesh Kumar And Another vs Union Bank Of India And Another on 25 July, 2019
Bench: Pankaj Mithal, Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 23083 of 2019 Petitioner :- Brijesh Kumar And Another Respondent :- Union Bank Of India And Another Counsel for Petitioner :- Neeraj Kumar Pandey Counsel for Respondent :- Ashish Agrawal Hon'ble Pankaj Mithal,J.
Hon'ble Saral Srivastava,J.
Heard Sri Neeraj Kumar Pandey, learned counsel for the petitioners and Sri S.D. Sahai, learned counsel for Union Bank of India.
The petitioners have preferred this writ petition for the quashing of the notice dated 21.06.2019 whereby on account of non-payment of the bank dues of Rs. 31,77,546/-, the assets of the petitioners are being put to auction on 26.07.2019.
Learned counsel for the petitioners submits that they are ready and willing to make the entire payment but they should be allowed some reasonable time to pay the amount or the installments may be fixed.
The petitioners when defaulted in the payment of the bank dues, the bank initiated proceedings by filing original application before the Debts Recovery Tribunal, Allahabad (in short "D.R.T."). The said original application has been allowed vide judgment and order dated 30.08.2018 and the petitioner has been held liable for the payment of Rs. 29,57,624.20/- in respect of the housing loan with interest at the rate of 8% per annum from the date of filing of the application i.e. 13.02.2018 till its realization.
In the light of the aforesaid, when the petitioners have not complied with the order of the D.R.T. and have also not responded to the notices under the SARFAESI Act, we do not consider it appropriate to exercise our discretionary jurisdiction in the matter.
In view of the above, the writ petition is dismissed with liberty to the petitioners to make the payment of the outstanding dues before the auction take place and to get the assets redeemed in accordance with Section 13 (8) of the SARFAESI Act.
The writ petition is dismissed with the above observations.
Order Date :- 25.7.2019 Nirmal Sinha