2024:CGHC:46790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5712 of 2024

1 - Dr. Sachin Ashok Kale (In Person) S/o Late Shri Ashok Kale, Aged About 46 Years Kale Wada, Tilak Nagar, Main Road, Police Station Civil Line, Bilaspur, Chhattisgarh, 495001, Mob. 9425530260. ... Petitioner versus

1 - Reserve Bank Of India Through Governor, Reserve Bank Of India, 4th Floor, Amar Building, Sir P.M. Road, Mumbai - 400001, (M.S.)

2 - State Bank Of India (Lead Banker/sponsor- Chhattisgarh Rajya Gramin Bank), Chairman - SBI, SBI Headquarters, State Bank Bhavan Nariman Point, Mumbai (M.S.)

3 - State Of Chhattisgarh, Through Director, Directorate Of Institutional Finance C.G. Govt. Indravati Bhavan, Naya Raipur, Chhattisgarh.

4 - Chhattisgarh Rajya Gramin Bank, Through Chairman, Corporate Office Sector

24, Atal Nagar, Naya Raipur, Chhattisgarh.

5 - Chhattisgarh Rajya Gramin Bank, Through Branch Manager - Lingyadih, Raj Kishore Nagar, Bilaspur, C.G. 495006

6 - State Of Chhattisgarh, Through District Collector / District Magistrate - District Bilaspur, Collectorate Building, Bilaspur, C.G. 495001. ... Respondents (Cause title, as taken from CIS)

Petitioner in person : Dr. Sachin Ashok Kale For Respondents No.2, 4 & 5 : Mr. P. R. Patankar, Advocate For State/Respondents No.3 & 6 : Ms. Ayushi Agrawal, Panel Lawyer.

(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order on Board

28/11/2024 1. Heard.

2. This petition under Article 226 of the Constitution of India has been preferred by petitioner seeking following reliefs:-

“10.1That, this Hon’ble Court may kindly be pleased to allow the writ petition and issue writ of certiorari or other appropriate writ order or direction to call for original records from the office of Respondent No.6, pertaining to the Order pass based by the respondent No.6 in case No. and quash the same.

10.2 That, this Hon’ble Court may kindly be pleased to allow the writ petition and call all original records from the office of Respondent No.5, pertaining to the Loan Agreement between Petitioner & Respondent No.5.

10.3 That, this Hon’ble Court may kindly be pleased to allow the writ petition & issue writ of mandamus or other appropriate writ, direction or instruct Respondent No.1 to properly investigate and sort out this present matter between petitioner & Respondent No.5.

10.4 That, if your Lordship deems just and fair, may pass any order/writ/direction into favour of petitioner in the lights of facts and circumstances of the case.”

3. Petitioner present in person would submit that petitioner has obtained housing loan from respondent No.5 after completing all formalities, but despite repeated request, petitioner was not provided a copy of Loan Agreement, subsequently, it was provided after about 2 years after making various complaints. He would further submit that there are various lacuna in Loan Agreement, despite that, by concealing material facts, respondents No.4 & 5 obtained order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) from the District Magistrate, Bilaspur (CG), which has been passed without making any due inquiry. He further submitted that, although order passed by the District Magistrate, Bilaspur under Section 14 of the SARFAESI Act has been challenged by petitioner before the Debt Recovery Tribunal (for short ‘D.R.T.’), Jabalpur (M.P.), which is pending consideration, but issue of various irregularities committed by respondents while execution of agreement, could not be considered by D.R.T. Jabalpur, therefore, the instant petition may be admitted for hearing.

4. Per contra, counsel appearing for the respondents No.2, 4 & 5 would submit that in umpteen number of cases, Hon’ble Apex Court has deprecated the action of High Court to interfere in the proceedings under Section 14 of the SARFAESI Act as all remedial provisions have been enacted by the legislature, hence, this petition is not maintainable as the issue r