ORDER :

Satyen Vaidya, J.

By way of instant petition, petitioner has assailed order dated 30.09.2020 passed by the District Magistrate, Sirmaur at Nahan, H.P. whereby the application of petitioner- Bank under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) has been dismissed.

2. The loan account of proforma respondent Rajinder Singh was declared NPA on 06.06.2017. Demand made by petitioner-Bank in accordance with the provisions of the SARFAESI Act, proforma respondent failed to liquidate his liability. The outstanding dues as on 31.05.2019 against the account of proforma respondent was Rs.26,66,670/-. The loan was obtained by proforma respondent from petitioner- Bank for construction of house in the sum of Rs.24,00,000/-.

3. In order to secure the aforesaid loan, proforma respondent mortgaged immovable property comprised in Khata Khatauni No. 6/10 to 14, Khasra No. 87/1, measuring 0-2 bighas which form 2/565 share in total land measuring 28-5 bighas, situated at Mohal Gondapir, Tehsil Paonta Sahib, District Sirmaur, H.P.

4. The loan having remained unpaid, petitioner-Bank approached respond