JUDGMENT :

Jaswant Singh, J.

1. This common order shall dispose of both the aforementioned writ petitions as they involve similar facts and identical questions of law.

2. The Writ Petitions numbered W.P.(C) No.27775 of 2021 and W.P.(C) No.26500 of 2021 are taken up together as they involve a common question and prayer i.e. an opportunity must have been provided by the DM/Collector while taking possession of the mortgaged property under Section 14 of the SARFAESI Act, 2002 (Hereinafter, "Act, 2002").

W.P.(C) No.26500 of 2021

3. The relevant facts of the Writ Petition numbered W.P.(C) No.26500 of 2021 is set out in brief hereunder. The Petitioner No.1 i.e. M/s. Maa Kalika Bhandar availed a cash credit loan of Rs. 22.50 crores from the Opposite Party No. 5/Punjab National Bank on 25.06.2016. The said loan was availed by mortgaging an immovable property under the ownership of Petitioner No. 3 i.e. Jay Kumar Jajodia. Due to financial indiscipline, the said loan account was declared NPA on 31.01.2018. A demand notice under Section 13 (2) of the SARFAESI Act, 2002 was issued on 13.02.2018 recalling outstanding liability of Rs.22,14,25,096.45/-(Twenty Two Crores Fourteen Lacs Twenty Five Thousa