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2018 DIGILAW 1905 (PNJ)

Harpal Bhatia v. Fullerton India Credit Company Limited

2018-04-25

SHEKHER DHAWAN, SURYA KANT

body2018
JUDGMENT Mr. Surya Kant, J.:- Notice of motion. 2. Mr. Gagandeep Toni, Advocate, who is present in Court, accepts notice on behalf of respondent Nos.1 and 2. 3. In view of the nature of the order, which we propose to pass, there is no need to seek any reply-affidavit from the respondents. 4. The petitioner and her husband late Shri Gurjeet Singh Bhatia availed loan facilities to the tune of Rs.1.44 crores from the respondent-financial Institution. It appears that during the life-time of Gurjeet Singh Bhatia, the installments were being paid, but after his unfortunate demise on 26.04.2017, the due amount could not be paid and the respondent-financial Institution has taken measures under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, ‘the SARFAESI Act’). As per the Notice dated September 13, 2017 issued under Section 13(2) of the SARFAESI Act, a sum of Rs.1,49,15,931.22 is recoverable. The borrower mortgaged the residential house bearing No.1044, Sector 70, SAS Nagar, Mohali, which was owned by deceased Gurjeet Singh Bhatia. The original title deed is with the respondent-financial Institution. 5. The petitioner now wants to pay the entire loan amount by selling the mortgaged property, but the house cannot be sold unless it is transferred in favour of the legal heirs of deceased Gurjeet Singh Bhatia. 6. Learned counsel for the respondent-financial Institution may be right in apprehending that if unconditional ‘No Objection Certificate’ is granted to the petitioner to get the house transferred in favour of legal heirs of the deceased, they might sell the house through a private transaction without first discharging the loan liability. On the other hand, learned counsel for the petitioner states that the apprehension is misconceived as the petitioner is ready and willing to give an undertaking to respondent Nos.1 and 2 that the house will be sold by way of a tripartite agreement and the buyer shall be required to pay the sale consideration to the extent of loan amount directly to respondent Nos.1 and 2. 7. The offer appears to be just and fair. The writ petition is accordingly disposed of with a direction to respondent Nos.1 and 2 to issue ‘No Objection Certificate’ in favour of the competent Authority for the purpose of transfer of the house in favour of the petitioner and other legal heirs of the deceased Gurjeet Singh Bhatia. 7. The offer appears to be just and fair. The writ petition is accordingly disposed of with a direction to respondent Nos.1 and 2 to issue ‘No Objection Certificate’ in favour of the competent Authority for the purpose of transfer of the house in favour of the petitioner and other legal heirs of the deceased Gurjeet Singh Bhatia. The ‘No Objection Certificate’ shall be issued within four weeks. The petitioner shall give an undertaking within two weeks that she or other legal heirs of the deceased shall not sell the mortgaged property without the written consent of respondent Nos.1 and 2. 8. As soon as the ‘No Objection Certificate’ is issued, the prescribed Authority in GMADA is directed to make necessary entries regarding ownership of the house in favour of the legal heirs of deceased Gurjeet Singh. They shall also make an entry that the original title -deed of the property is lying with respondent Nos.1 and 2. The GMADA shall do the needful within one month from the date of submission of the application. 9. The petitioner shall arrange a buyer, who shall enter into tripartite agreement and in terms thereof, the sale consideration equivalent to the loan amount shall be directly paid to respondent Nos.1 and 2. The buyer shall be arranged within a period of two months from the date of correction of entry of ownership in the record of GMADA. Till such time, the action under the SARFAESI Act shall remain in abeyance.