SONE DEV SHARMA v. LEARNED ADDITIONAL DISTRICT MAGISTRATE (FINANCE AND REVENUE) ALIGARH
2018-05-15
A.P.SAHI, SHASHI KANT
body2018
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the petitioner and Sri. Ashish Agrawal, learned counsel for the respondent No. 2 bank. 2. This writ petition is purported to have been filed for the cause of those who have utilized the facility for storing the potatoes with the respondent No. 3. The respondent No. 3 is facing proceedings under the SARFAESI Act, 2002. The petitioners contend that their potatoes which has been stored in the cold storage, their fate hangs in balance and therefore a mandamus should be issued for unlocking the premises and for allowing the cold storage to be operated in order to preserve the potato crops that have been stored in the cold storage. This prayer is in effect to allow the respondent No. 3 to be operational which in our opinion amounts to asking for a relief for the respondent No. 3. The petition therefore might be a proxy petition for the benefit of the respondent No. 3. 3. Sri. Ashish Agrawal, learned counsel appearing for the bank submits that earlier four such depositors had approached this Court by filing Writ C No. 10956 of 2018 with the same prayer where the counsel for the bank had intimated about the possession having been taken and on this the petitioners prayed for removal of their potatoes stored in the cold storage. In view of the statement of the counsel for the bank that the said farmers would be allowed to withdraw their potatoes from the cold storage within ten days, the petition was disposed of. A copy of the order dated 29.03.2018 has been placed before the Court. 4. We may put on record that the bank upon taking steps under the SARFAESI Act, 2002 against the respondent No. 3 can take over the management of the business as well, as provided for in the measures to be taken under Section 13(4) of the 2002 Act. It will therefore be the obligation of the bank to manage the cold storage and even otherwise if it intends to keep actual physical possession it can also move an application before the District Magistrate concerned in terms of Section 14 of the 2002 Act. The bank therefore will have to perform its duties upon taking over management or possession as the case may be in terms of sub-section (4) of Section 13 of the 2002 Act.
The bank therefore will have to perform its duties upon taking over management or possession as the case may be in terms of sub-section (4) of Section 13 of the 2002 Act. The petitioners have the option to remove their potatoes. In either case the remedy of the petitioners lies in moving an application before the Competent Authority in terms of the 2002 Act in case they apprehend any loss and in the event they want to remove their potatoes, in the event they have deposited it, it shall be open to them to do so to which the respondent No. 2 bank have possibly no objection. The aforesaid two courses being available we are not inclined to entertain this petition without prejudice to the rights of the petitioners to avail of the aforesaid remedies. The writ petition is consigned to records with the said observations. Order accordingly.