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2024 Supreme(Online)(MP) 27744
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI & HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA ON THE 1st OF MARCH, 2024 WRIT PETITION No. 5669 of 2024 BETWEEN:- 1. PIYUSH S/O LATE SHRI PURUSHOTTAM GUPTA, AGED ABOUT 54 YEARS, OCCUPATION: BUSINESS R/O SCHEME NO. 54 VIJAY NAGAR, INDORE (MADHYA PRADESH) 2. SMT. MEGHNA W/O PIYUSH GUPTA, AGED ABOUT 48 YEARS, R/O SCHEME NO. 54 VIJAY NAGAR INDORE (MADHYA PRADESH) .....PETITIONERS (SHRI MOHAN SHARMA, LEARNED COUNSEL FOR THE PETITIONERS) AND 1. THE STATE OF MADHYA PRADESH ADDITIONAL DISTRICT MAGISTRATE OFFICE OF ADM, COLLECTORATE OFFICE, INDORE (MADHYA PRADESH) 2. SDM, SDM OFFICE INDORE (MADHYA PRADESH) 3. T E H S I L D A R TEHSIL KANADIYA INDORE (MADHYA PRADESH) 4. LIC HOUSING FINANCE LTD. THROUGH ITS AUTHORIZED OFFICER SOUTH TUKOGANJ INDORE (MADHYA PRADESH) .....RESPONDENTS ( SHRI SUDHANSHU VYAS, PANEL LAWYER FOR THE RESPONDENTS/STATE) This petition coming on for admission this day, Justice Sushrut Arvind Dharmadhikari passed the following:
Sanjay Pawar,Advocate General
The court held that the petitioners are entitled to get protection from dispossession till the DRT, Jabalpur decides the application filed u/S 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Headnote:
SARFAESI ACT - SECTION 17 - BREATHING TIME - Petitioners sought breathing time to get protection from dispossession till the DRT, Jabalpur decides the application filed u/S 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Fact of the Case:
Petitioners filed a petition under Article 226/227 of the Constitution of India against the order dated 16.02.2024 passed by the respondent no.3 seeking breathing time to get protection from dispossession till the DRT, Jabalpur decides the application filed u/S 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act hereinafter).
Finding of the Court:
The court observed that the Presiding Officer, DRT, Jabalpur is not available from 26.02.204 to 01.03.2024 and the matter is posted for hearing on 07.03.2024, petitioners are apprehending dispossession, no coercive action be taken against them for a period of (30)thirty days.
Issues: Whether the petitioners are entitled to get protection from dispossession till the DRT, Jabalpur decides the application filed u/S 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Ratio Decidendi: The court relied on the fact that the Presiding Officer, DRT, Jabalpur is not available from 26.02.204 to 01.03.2024 and the matter is posted for hearing on 07.03.2024, petitioners are apprehending dispossession.
Final Decision: The court passed an interim order directing that no coercive action be taken against the petitioners for a period of (30)thirty days.
ORDER
Heard on the question of admission and interim relief.
The present petition under Article 226/227 of the Constitution of India has been filed by the petitioners against the order dated 16.02.2024 passed by the respondent no.3 seeking breathing time to get protection from dispossession till the DRT, Jabalpur decides the the application filed u/S 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act hereinafter).
2. Learned counsel for the petitioner submitted that Additional District Magistrate, Indore/respondent no.1 has decided the application filed by the respondent bank u/S 14 of the SARFAESI Act and passed an order 16.05.2023 directing the Tehsildar/respondent no.3 to handover the vacant possession of property in question to the respondent/bank. Petitioners are apprehending execution of the order passed by the respondent no.1 which renders them homeless as in compliance of the order of Additional District Magistrate /respondent no.1, Tehsildar/respondent no.3 had issued a notice dated 16.02.2024 to handover vacant physical possession of the property in question by 29.02.2024. It is further submitted that petitioners have already filed an application u/S 17 of the SARFAESI Act before the DRT, Jabalpur which was registered as S.A. No. 662/2023 against the action of respondents and upon request of urgent hearing, the matter is posted for hearing on 26.02.2024. However, due to non-availability of the Presiding Officer from 26.02.2024 till 01.03.2024, the same is now posted for hearing on 07.03.2024. Hence, some breathing time may be granted to the petitioners and they be protected from dispossession by restraining the respondents from taking any coercive steps till their securitization application is adjudicated.
3 . Learned counsel for the respondents/State submitted that orders impugned were passed way back in the month of May, 2023 and thereafter, months have passed but petitioners have not chosen to file application u/S 17 of the SARFAESI Act. Now at this stage, when petitioner has got a notice from the Tehsildar, he has merely approached this Court seeking protection from dispossession. Therefore, this petition is not maintainable. 4. In view of the fact that Presiding Officer, DRT, Jabalpur is not available from 26.02.204 to 01.03.2024 and the matter is posted for hearing on 07.03.2024, petitioners are apprehending dispossession, no coercive action be taken against them for a period of (30)thirty days. However, it is made clear that interim order passed by this Court today shall stand vacated after expiry of (30) thirty days.
5. With the aforesaid, petition stands disposed of. (S. A. DHARMADHIKARI) (DEVNARAYAN MISHRA) JUDGE JUDGE sh
