Madhya Pradesh High Court
Aruna Patni vs The State Of Madhya Pradesh on 22 June, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari, Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
HON'BLE SHRI JUSTICE HIRDESH
ON THE 22 nd OF JUNE, 2023
WRIT PETITION No. 12667 of 2023
BETWEEN:-
1. ARUNA PATNI W/O SUMATI PRAKASH PATNI
SENIOR CITIZEN OCCUPATION: HOUSE WIFEI
PLOT NO. 83/84 SAI KRIPA COLONY DISTRICT
INDORE (MADHYA PRADESH)
2. SUMATI PRAKASH PATNI S/O SHRI
MANAKCHAND PATNI OCCUPATION: SENIOR
CITIZEN, BUSINESSMAN PLOT NO. 83/84, SAI
KRIPA COLONY, INDORE (MADHYA PRADESH)
.....PETITIONERS
(SHRI ABHINAV MALHOTRA, LEARNED COUNSEL FOR THE
PETITIONERS)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
DISTRICT MAGISTRATE CHAMBER NO. 109
PRASHASANIK SANKOOL COLLECTORATE MOTI
TABELA, DISTRICT INDORE (MADHYA PRADESH)
2. AUTHORIZED OFFICER CUM CHIEF MANAGER,
PIRAMAL CAPITAL AND HOUSING FINANCE LTD.
(ERSTWHILE DHFL, INDORE)ADD: NO. 503 TO 505,
5TH FLOOR, AIREN HEIGHTS, SCHEME NO 54,
PLOT NO. 13/14, VIJAY NAGAR, INDORE (MADHYA
PRADESH)
3. NAYAB TEHSIDAR PRASHASANIK SANKOOL,
VIJAY NAGAR ZONE, COLLECTORATE, INDORE
(MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 6/26/2023
11:09:30 AM
2
This petition coming on for admission this day, JUSTICE SUSHRUT
ARVIND DHARMADHIKARI passed the following:
ORDER
Heard on the question of admission and interim relief. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners against the order dated 08.02.2023 passed by the respondent no.1 for handing over possession of mortgaged property to the respondent no.2.
2. Brief facts of the case are that petitioners have taken four different housing loan to the tune of Rs. 2,00,50,552/-. The petitioners repaid regularly the equated monthly installments in the housing loan accounts. However, they were served with a demand notice dated under Section 13(2) of the SARFAESI Act by the respondent no.2/bank. The respondent no.2 later on obtained order u/S 14 of the SARFAESI Act from Additional District Magistrate, Indore against all four loan accounts. Thereafter, said actions of respondents have been challenged before the DRT, Jabalpur by filing individual and independent S.A. No(s) 87, 88/2021,89/2021 and 90/2021 under Section 17 of the SARFAESI Act. Due to non-functioning of DRT, the said applications have not been decided yet and now the instant petition has been filed.
3. Learned counsel for the petitioners submits that petitioners S.A. No(s) 87, 88/2021,89/2021 and 90/2021 u/S 17 of the SARFAESI Act are pending before the DRT since the last more than one year and they apprehend execution of the order passed by the respondent no. 1. He further submits that inspite of availing remedy under SARFAESI Act and approaching DRT, petitioner is left remedyless. Hence, the present petition may be allowed and the order passed by the respondent no.1 be quashed and till the application of petitioner is Signature Not Verified Signed by: SEHAR HASEEN Signing time: 6/26/2023 11:09:30 AM 3 decided, the execution of order passed by Additional District Magistrate, Indore be kept in abeyance.
4. Learned counsel for the respondent/State opposes the prayer made by learned counsel for the petitioners.
5. Heard, learned counsel for the parties and perused the record. 6 . Since it is submitted by learned counsel for the petitioners that they have already approached DRT by filing applications u/S 17(1) of the SARFAESI Act, it is pertinent to mention here that as per sub-section (5) of SARFAESI Act, such applications shall be dealt with by the DRT as expeditiously as possible, within the prescribed period of sixty days.
Section 17(5) of SARFAESI Act reads as under:
"(5) Any application made under sub‑section (1) shall be dealt with by th e Debts Recovery Tribunal as expeditiously as possible and disposed of within sixty days from the date of such application: Provided that the Debts Recovery Tribunal may, from time to time, extend the said period for reasons to be recorded in writing, so, however, that the total period of pendency of the application with the Debts Recovery Tribunal, shall not exceed four months from the date of making of such application made under sub‑section (1)."
7. In view of sub-section (5) of Sec 17 of SARFAESI Act, but without expressing any opinion on the merits of the case, this petition is disposed of with direction to the DRT, Jabalpur to consider and decide S.A. No(s) 87, 88/2021,89/2021 and 90/2021 filed by the petitioner as expeditiously as possible, preferably within a period of sixty days from the date of receipt of certified copy of the order passed today
8. With the aforesaid direction, the petition is disposed of.
Signature Not Verified Signed by: SEHAR HASEEN Signing time: 6/26/2023 11:09:30 AM 4C.c. as per rules.
(S. A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
sh
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 6/26/2023
11:09:30 AM