GENERAL POWER COMPANY PVT. LTD. v. PUNJAB NATIONAL BANK
2016-10-24
SUDHANSHU DHULIA
body2016
DigiLaw.ai
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. The petitioner before this Court is a defaulter of a loan. The assets of the petitioner have been declared as Non Performing Assets (in short “NPA”) by the Punjab National Bank and proceedings have been initiated against the petitioner under the Securitisation and Resconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (from hereinafter referred to as “the SARFAESI Act”). According to the senior counsel for the respondent-bank, now the symbolic possession has also been taken of the property and an application has been moved by the Punjab National Bank before the District Magistrate, Udham Singh Nagar for taking actual physical possession of the property under Section 14 of the SARFAESI Act. 2. Moreover, another proceeding was initiated by the Bank against the petitioner, whereby a due notice was given to the petitioner and thereafter the petitioner has been declared as a willful defaulter. 3. The case of the petitioner is that he could not have been declared as a willful defaulter as per the guidelines given by the Reserve Bank of India, which have not been followed by the respondent-bank. 4. There is another objection raised by the learned senior counsel for the bank – Mr. S.K. Jain that the petitioner has approached this Court belatedly as the order is of 30.12.2014 and he has filed the present writ petition in the year 2016 itself. 5. Learned senior counsel for the bank further submits that petitioner has an alternative remedy of review before the Grievance Redressal Committee. 6. In view thereof, no interference is being made by this Court. The writ petition stands dismissed. 7. However, the petitioner would be at liberty to file a review before the Grievance Redressal Committee, if the same is done within a period of 15 days from the date of production of a certified copy of this order, the same shall be considered in accordance with law.