Surendra Pratap Singh v. District Magistrate Lucknow
2014-05-09
D.Y.CHANDRACHUD, TARUN AGARWALA
body2014
DigiLaw.ai
JUDGMENT Hon'ble Tarun Agarwala, J. The petitioner has purchased certain immovable properties bearing House No. C-2, Plot No. 33-34, on part of Khasra No.2/8, 2/12, Kalyanpur Ward, Shanker Purwa, Lucknow. The purchase was in pursuance of action which was taken by the Allahabad Bank, respondent no.2, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The sale certificate was issued by the Bank on 3 July 2007 in favour of the petitioner (Annexure 1). Thereafter the Bank moved the District Magistrate, Lucknow, who issued directions under Section 14 of the Act on 5 August 2010. The Bank has, thereafter, moved the Additional City Magistrate for enforcement of the order. On 21 December 2013 and 28 February 2014, the Additional City Magistrate, Lucknow has issued directions to the SHO of the police station concerned for necessary steps for taking possession. 2. The learned counsel appearing on behalf of the second respondent states that the borrower has moved the Debt Recovery Tribunal but no orders of injunction has been obtained restraining the execution of the order under Section 14 of the Act, by any competent authority or forum. In the circumstances, the appropriate direction would be to call upon the first respondent to ensure that the order under Section 14 dated 5 September 2010, is duly enforced. However, before doing so, the first respondent shall issue notice to the borrower for the purposes of verifying as to whether there is any legal impediment in enforcing the order under Section 14 as a result of any injunctive order of the competent forum restraining the enforcement of the order under Section 14. 3. We issue these directions as a safeguard, since the borrower is not before the Court. However, if there is no impediment in law to the enforcement of the order under Section 14, the first respondent shall take necessary steps for enforcement of his directions expeditiously. 4. The petition is, accordingly, disposed of. There shall be no order as costs.