IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI &

HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA ON THE 8^th OF MAY, 2023 WRIT PETITION No. 2787 of 2022 BETWEEN:-

PRADEEP JAISWAL S/O SHRI RAMLAL JAISWAL, AGED 55 YEARS, 1. HOUSE AT PLOT NO. 1623 SUDAMA NAGAR D SECTOR (MADHYA PRADESH)

SMT. NIRMALA JAISWAL W/O PRADEEP JAISWAL, AGED 53 YEARS, 2. HOUSE AT PLOT NO. 1623 SUDAMA NAGAR D SECTOR (MADHYA PRADESH)

.....PETITIONERS (SHRI R S CHHABRA SENIOR ADVOCATE WITH SHRI ABHISHEK MALVIYA, LEARNED COUNSEL FOR THE PETITIONERS )

AND AUTHORISED OFFICER PUNJAB NATIONAL BANK BRANCH M.P.H.B.

1.

FADNIS COLONY A.B. ROAD INDORE (MADHYA PRADESH)

CHIEF MANAGER. PUNJAB NATIONAL BANK, CIRCLE SASTRA

2. CENTRE, SECOND FLOOR 20, SNEH NAGAR. SAPNA SANGEETA ROAD. INDORE (MADHYA PRADESH)

THE STATE OF M.P. THR. DIST. MAGISTRATE INDORE

3.

COLLECTORATE, INDORE (MADHYA PRADESH)

4. STATE OF M.P. THR. TEHSILDAR INDORE (MADHYA PRADESH)

THE STATE OF M.P. THR. SUPERINTENDENT OF POLICE INDORE

5.

(MADHYA PRADESH)

THE STATE OF M.P. THR. TOWN INSPECTOR POLICE STATION

6.

SUDAMA NAGAR. (MADHYA PRADESH)

.....RESPONDENTS (SHRI MOHAN SHARMA, LEARNED COUNSEL FOR THE RESPONDENT [INT].

SHRI SHREY RAJ SAXENA, LEARNED COUNSEL FOR THE RESPONDENT Signature Not Verified [R-1].

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Reserved on : 24.01.2023 Pronounced on : 08.05.2023 -----------------------------------------------------------------------------------------

This petition having been heard and reserved for orders coming on for pronouncement this day, Hon'ble Shri Justice S.A.

DHARMADHIKARI pronounced the following

ORDER

Heard finally with the consent of both the parties.

In this petition, under Article 226/227 of the Constitution of India, the petitioner has assailed the order dated 29.09.2021 passed in S.A. No. 279/2021 by the Debt Recovery Tribunal, Jabalpur which was disposed of as rendered infructuous vide order dated 29.09.2021 as the petitioner and respondent no.2 have entered into amicable settlement.

2. Being aggrieved, the petitioner has filed the present writ petition seeking for the following reliefs:

“It is therefore, prayed that this Hon'ble Court may:

A. Direct the respondent Bank to hand over the title deeds of the mortgaged property situated at Plot No.

1623, Sector – D, Sudama Nagar, Indore.

B. Direct the respondent Bank to comply with the clear instructions and directions issued by the Ld. DRT, Jabalpur vide its order, dated 29.09.2021 passed in S.A.

No. 279/2021.

C. Direct the Respondent Bank to withdraw all the recovery proceedings pertaining to the notice, dated 31.07.2019 issued under Section 13(2) of the SARFAESI Signature Not Verified Act and also direct the respondent Bank to foreclose the loan account of the petitioners herein.

D. Any other relief, which this Hon'ble Court may deem fit.”

3. Also heard on I.A. No. 1957/2022, an application for intervention filed by the auction purchaser who has been declared as successful bidder in the auction conducted by the bank and has even deposited the entire amount of auction of Rs. 65,50,000/- and thereafter, the bank has issued sale certificate.

4. In view of the aforesaid, I.A. No. 1957/2022 is allowed.

5. The brief facts of the case are that the petitioners availed an overdraft credit facility in the year 2016 for a sum of Rs. 84,00,000/- on a collateral security of the house situated at Plot No. 1623, Sector – D Sudama Nagar, Indore (hereinafter referred as disputed house) from the respondent no.1. The petitioners failed to pay the required amount of money for the said overdraft facility due to which the respondent no.1 declared the petitioners' account as NPA and took the physical possession of the disputed house and conducted an auction for selling the disputed house. The auction purchaser/intervener in the said auction was declared as successful bidder and the sale certificate was issued to him as he had successfully deposited the auc