JUDGMENT

Mrs. Lisa Gill, J. (Oral)

Prayer in this writ petition is for setting aside order dated 21.07.2023, Annexure P-6, under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'), passed by respondent no.3, whereby possession was ordered to be taken on 08.08.2023.

2. It is pleaded that petitioner was running a proprietorship concern in the name of M/s Anand Filling Station. Financial facilities were availed of by the said concern through its proprietor i.e., the petitioner, from the respondent-State Bank of India (SBI), from time to time, for a total sum of Rs. 20,00,000/-. It is to be noted that no details or dates when this facility was availed have been given in the writ petition. It is further stated that installments were paid from 2011 to 2019, but thereafter, there was default on the part of the petitioner. Three properties as are detailed in para 3 of the writ petition are stated to be mortgaged with the respondent-Bank. Franchise agreement of M/s Anand Filling Station, was terminated on 23.03.2023 by one Nayara Energy Limited. There are again no details in the writ petition as to when account of the said concern was declared 'Non Performing Asset' (NPA) or when notice under 13(2) of the SARFAESI Act was issued.

3. Learned counsel for the petitioner vehemently argued that no notice was issued to the petitioner before issuance of order dated 21.07.2023, Annexure P-6, whereby possession was sought to be taken by 08.08.2023. The same was served only on 26.07.2023. Therefore, in the wake of fifteen days notice not being received, the same is illegal, arbitrary and liable to be set aside. It is further argued that three properties of the petitioner have been mortgaged, therefore, there is no reason as to why the respondent-Bank should target only the residential property without first taking over the commercial properties. It is also argued that order under Section 14 of the SARFAESI Act has been incorrectly passed by the District Magistrate, in violation of the specific provisions of the SARFAESI Act. Satisfaction of the District Magistrate qua the nine points has not been recorded, thus said order is not sustainable. It is further argued that petitioner does not have an alternate efficacious remedy other than to approach this Court at this stage, as fundamental rights of the petitioner have been violated and order by the District Magistrate is in violation not only of the provisions of Section 14 of the SARFAESI Act, but also the judgement of Hon'ble the Supreme Court in Standard Chartered v. V. Noble Kumar and others , 2013(9) SCC 620 . Therefore, present writ petition should be entertained and allowed.

4. It was brought to our notice by learned counsel for respondent no.2, who was on advance notice, that account of the petitioner's concern/firm was declared NPA on 31.08.2019. Notice under Section 13 (2) of the SARFAESI Act was issued on 23.10.2019. Possession notice attached as Annexure P-4, was issued on 05.01.2020. Order under Section 14 of the SARFAESI Act was passed on 10.05.2021. It is incorrectly mentioned in the writ petition that order under Section 14 of the SARFAESI Act was passed by the District Magistrate on 21.07.2023, Annexure P-6. In fact the document dated 21.07.2023, Annexure P-6, attached with the writ petition is a notice issued by the Teshildar-cum-District Magistrate Amritsar-2 pursuant to order dated 10.05.2021 passed by the District Magistrate, under Section 14 of the SARFAESI Act, as is clearly detailed in the said notice.

5. Learned