Gujarat High Court
M/S Mirrikh Motors Pvt. Ltd. vs The Authorized Officer, Indiabulls ... on 12 March, 2020
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/6378/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6378 of 2020
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M/S MIRRIKH MOTORS PVT. LTD.
Versus
THE AUTHORIZED OFFICER, INDIABULLS COMMERCIAL CREDIT LTD.
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Appearance:
MR TARAK DAMANI(6089) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 12/03/2020
ORAL ORDER
1. According to the petitioners there is non-compliance of the provisions of Section 13(2) of the SARFAESI Act in view of the fact that the 90 days' period for declaring an account as Non-Performing Asset was not over and therefore the order passed under Section 14 of the Act is without jurisdiction. The prayer in the petition is in context of such submissions.
2. Admittedly, the petitioner is approaching this Court despite the availability of an alternative remedy of approaching the DRT under the Act. Mr. Damani, learned advocate for the petitioner makes a statement that the petitioner is willing to settle the dues by way of appropriate instalments.
3. Considering the above and in view of the alternative remedy available to the petitioner, this Court is not entertaining this petition at this stage. However, the Page 1 of 2 Downloaded on : Mon Feb 15 13:32:48 IST 2021 C/SCA/6378/2020 ORDER respondent - financial institution is restrained from taking possession of the property in question till 28.03.2020. In the meantime, the petitioners shall approach the Tribunal by way of an appropriate application on or before 20.03.2020. In the event the petitioners do not approach the Tribunal by 20.03.2020, the interim relief shall stand vacated automatically. In the meantime, it shall be open to the petitioners to approach the respondent financial institution to pray for accommodating the petitioners for settlement by way of installments.
4. With the above observations and directions, this petition stands disposed of. Direct Service is permitted today.
(BIREN VAISHNAV, J) DIVYA Page 2 of 2 Downloaded on : Mon Feb 15 13:32:48 IST 2021