Madhya Pradesh High Court
Kabeer Reality Pvt. Ltd. vs Lic Housing Finance Limited on 11 July, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
MP No. 3786 of 2023
(KABEER REALITY PVT. LTD. AND OTHERS Vs LIC HOUSING FINANCE LIMITED AND OTHERS)
Dated : 11-07-2023
Shri Satish Agrawal, learned counsel for the Petitioners.
Heard on the question of admission and interim relief.
Learned counsel for the petitioners submitted that the petitioners had
approached the learned Debt Recovery Tribunal(DRT), Jabalpur seeking
ventilation of the grievance, however, instead of deciding the issue and passing
some interim order, the learned DRT without considering the question "whether
the District Magistrate can pass an order under Section 14 of the Securitisation
and Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (in short ..... "the SARFAESI Act, 2002") without issuing
notice to the tenant in terms of law laid down by the Apex Court in the case of
Harshad Govardhan Sondagar Vs. IARC[ (2014) 6 SCC 1, Para 28",
has directed the petitioners to deposit the amount in various installments and fix
the case in the month of September for determination of this question.
Issue notice to the respondent(s) on payment of Process Fee by RAD
mode within three working days, made returnable within four weeks, failing which, this petition shall stand dismissed without further reference to the Bench.
As an interim measure, it is directed that the parties shall maintain status quo in respect of their property in question, till the next date of hearing.
List this matter in the week commencing 14th August, 2023. Certified copy, as per rules.
Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 7/11/2023 6:39:09 PM 2 (S. A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
pn
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 7/11/2023
6:39:09 PM