Non-compliance with a court's interim order precludes the granting of relief in a writ petition.

Order

1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the order dated 19.07.2023 (Annex.2) passed by the learned District Collector, Hanumangarh under Section 14 of the SARFAESI Act.

3. After considering the submissions of the learned counsel for the petitioners, this Court has passed a conditional order on 19.12.2023, which reads as under :-

“Heard learned counsel for the petitioners.

Issue notice. Issue notice of stay application also, returnable on 05.02.2024.

Meanwhile, effect and operation of the order dated 19.07.2023 shall remain stayed, subject to condition that petitioner deposits an amount of Rs.4,00,000/- on or before 30.01.2024.”

4. Learned counsel for the petitioners submits that the petitioners have not deposited the amount of Rs.4,00,000/- and they are not in a position to deposit the amount due to the Bank. Leaned counsel further submits that the financial condition of the petitioners is not good and therefore, they are not in a position to repay the outstanding loan amount to the respondent-Bank. He, therefore, prays that the writ petition may be allowed.

5. Learned counsel for the respondents submits that the petitioners have not complied with the interim order passed by this Court on 19.12.2023 and even after a lapse of more than one year, they have not deposited a single penny towards the loan amount. He further submits that in view of the interim order passed by this Court, the respondents have not taken recourse available under the law for recovery of the amount due. He, therefore, prays that the interim order passed by this Court on 19.12.2023 may be vacated and the writ petition itself may be dismissed.

6. I have considered the submissions made at the Bar and gone through the relevant record of the case.

7. It is an admitted fact that the petitioners had taken loan from the respondent-Bank. Since the petitioners failed to deposit the amount due to the respondent-Bank, therefore, the proceedings under the SARFAESI Act were undertaken by the respondent-Bank.

8. In pursuance of the proceedings undertaken by the respondent-Bank for recovery of the loan amount, an order dated 19.07.2023 was passed by the District Collector & District Magistrate, Hanumangarh exercising powers under Section 14 of the SARFAESI Act, against which, the present writ petition was filed. On the assurance given on behalf of the petitioners that they shall repay the amount of Rs.4,00,000/- on or before 30.01.2024 to the respondents, this Court was persuaded to pass a conditional order dated 19.12.2023 staying the effect and operation of the order dated 19.07.2023.

9. Today, on a pointed query being raised by this Court, learned counsel for the petitioners informed that the petitioners have neither paid any amount towards the dues of the respondent-Bank in pursuance of the direction issued by this Court on 19.12.2023 nor they are in a position to repay the loan amount, therefore, in the opinion of this Court, no relief can be granted to the petitioners in this writ petition.

10. Thus, the present writ petition is dismissed. The respondent- Bank is directed to recover the loan amount from the petitioners in accordance with law.

11. The stay application as well as other pending misc.applications, if any, stand disposed of accordingly.