Supreme Court - Daily Orders
Prateek Pradeep Agrawal vs Union Of India on 5 October, 2020
Bench: L. Nageswara Rao, Hemant Gupta, Ajay Rastogi
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ITEM NO.5 Court 5 (Video Conferencing) SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).10857/2020
(Arising out of impugned final judgment and order dated 29-05-2020
in OS-WP-LD-VC No.20/2020 passed by the High Court Of Judicature At
Bombay)
PRATEEK PRADEEP AGRAWAL Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.90614/2020-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.90617/2020-EXEMPTION FROM
FILING AFFIDAVIT )
Date : 05-10-2020 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE AJAY RASTOGI
For Petitioner(s) Mr. P.S.Patwalia, Sr.Adv.
Mr. Devanshi Singh,Adv.
Ms. Natasha Vinayak, AOR
For Respondent(s) Mr. K.V. Vishwanathan, Sr. Adv.
Mr. Mahesh Agarwal,Adv.
Mr. Ankur Saigal,Adv.
Mr. Divyang Chandiramani,Adv.
Mr. Shaishir Divatia,Adv.
Ms. Ayushi Amod,Adv.
Mr. E. C. Agrawala, AOR
UPON hearing the counsel the Court made the following
O R D E R
Respondent Nos. 2 and 3 initiated proceedings under the Securitisation and Reconstruction of Financial Signature Not Verified Assets and Enforcement of Security Interest Act for sale Digitally signed by BALA PARVATHI Date: 2020.10.06 12:35:42 IST Reason: of immoveable property belonging to the petitioner which were challenged by the petitioner in Securitization 2 Application No.116 of 2019 before the Debts Recovery Tribunal. He filed an Interlocutory Application for stay of further proceedings relating to sale of the property. While refusing to grant stay, the DRT observed that the sale of immoveable property, if proceeded by the respondents 2 and 3 shall be subject to the result of the application and the buyer shall be put on notice that the sale is subject to the result of the pending securitization application.
The petitioner filed a writ petition challenging the Notification No. GSR 1046(E)dated 03.11.2016. The petitioner also challenged the notices issued by the Respondent Nos. 2 and 3 on 15.04.2020. Interim relief of stay of further proceedings relating to sale of the property was refused by the High Court. The writ petition is pending consideration before the High Court.
Mr. Vishwanathan, the learned senior counsel for respondents 2 and 3 informed this Court that the sale was effected on 09.09.2020. He also submitted that the sale certificate and possession have been handed over to the highest bidder.
After hearing the learned counsel for the parties, we are not inclined to interfere with the impugned order. However, we request the High Court to decide the writ petition expeditiously and not later than two months from today.
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No further proceedings pursuant to the sale conducted on 09.09.2020 shall be taken till the disposal of the writ petition.
The special leave petition is disposed of. Pending application(s), if any, stands disposed of accordingly.
All questions are left open.
(B.Parvathi) (Anand Prakash) Court Master Court Master