Madhya Pradesh High Court
M/S Sita Shree Food Products Pvt. Ltd. ... vs State Bank Of India on 5 September, 2019
Author: S.C.Sharma
Bench: S.C.Sharma
1
THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
W. P. No.18700 of 2019
(M/s Sita Shree Food Products Pvt. Ltd. vs. State Bank of India)
Indore, dated : 05.09.2019
Shri Abhinav Malhotra, learned counsel for the petitioner.
Shri R. C. Sinhal, learned counsel for the respondent.
Heard.
The petitioner before this Court has filed this present petition being aggrieved by the e-auction, which is being conducted by the State Bank of India on behalf of other banks, being the leading bank in the consortium.
The contention of the petitioner is that the Presiding Officer of Debt Recovery Tribunal (DRT), Jabalpur is on leave till 07.09.2019 and therefore, the petitioner is not in a position to obtain an interim order from the DRT.
The facts of the case reveal that in the year 2011, the total outstanding dues against the petitioner company were to the tune of Rs.225 crores. We are in the year 2019. From the year 2011 to 2019, not a single rupee has been paid by the petitioner and in those circumstances, finally the bank has issued a notice under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act, 2002) and thereafter, a notice for taking possession was also issued under Section 13(4) of the SARFAESI Act, 2002 on 19.03.2019.
The petitioner has preferred an appeal before the DRT 2 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE W. P. No.18700 of 2019 (M/s Sita Shree Food Products Pvt. Ltd. vs. State Bank of India) which is Second Appeal No.247/2019 and the same is pending. The petitioner has further stated that an application was preferred on 06.09.2019 in the aforesaid second appeal. However, as the Presiding Officer is on leave upto 07.09.2019, this Court should entertain the present writ petition.
This Court has carefully gone through the writ petition. It is true that the Presiding Officer is on leave but by virtue of notification dated 03.09.2019, the Presiding Officer of DRT, Allahabad is looking after the work of the Presiding Officer of DRT, Jabalpur meaning thereby, DRT, Jabalpur is very much functional.
The petitioner in para-2 of the writ petition, which deals with a declaration in respect of proceedings on the same subject whether pending or instituted before any forum has made the following averments :-
The petitioners hereby declare that the petitioners have already filed Securitisation Application titled "M/s Sitashree Food Products Ltd. vs. State Bank of India" and numbered as "S. A. No.247/2019", under Section 17 of the SARFAESI Act, 2002, before the Debt Recovery Tribunal, Jabalpur. It is further declared that the instant petition has been preferred against the publication of the auction notice dated 02.08.2019. The learned Presiding Officer of the learned Debt Recovery 3 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE W. P. No.18700 of 2019 (M/s Sita Shree Food Products Pvt. Ltd. vs. State Bank of India) Tribunal, Jabalpur is on leave till 07.09.2019. Copy of the notice issued by the learned Registrar DRT is filed and marked as Annexure-P/2.
The aforesaid paragraph makes it very clear that the petitioner has very conveniently stated in the aforesaid paragraph that the Presiding Officer of DRT is on leave. It appears that he has deliberately suppressed the vital information that the Presiding Officer of DRT, Allahabad is looking after the functions of the Presiding Officer, DRT, Jabalpur. Otherwise also, as the matter is already pending before the DRT, this Court is of the opinion that no case, in the peculiar facts and circumstances of the case, where a borrower has not paid a single rupee since 2011 and in the year 2011, the dues were to the tune of Rs.225 crores, does not find any reason to interfere in the matter.
Resultantly, present petition stands dismissed.
(S. C. Sharma) (Shailendra Shukla)
Judge Judge
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Digitally signed by Geeta Pramod
Date: 2019.09.05 15:05:14 +05'30'