Union Bank Of India v. Uttaranchal Chemical Industries Through Its Proprietor
2022-12-16
ALOK KUMAR VERMA, VIPIN SANGHI
body2022
DigiLaw.ai
JUDGMENT Vipin Sanghi, CJ. - Issue notices. 2. Learned counsel for the respondents appear and accept notices. 3. The present appeal is directed against the order dated 30.11.2022 passed by the learned Single Judge, whereby staying the operation of impugned order dated 09.11.2022 whereby the appellant-bank issued notice to the respondent to take over possession of one of the mortgaged assets, namely, the factory premises of the respondent. 4. While passing the impugned order, the learned Single Judge has placed reliance on the judgment of Bajaj Finance Ltd. Vs. M/s Ali Agency and Others rendered by the Division Bench of the Hon'ble Orissa High Court wherein the Division Bench observed that after the order is passed by the District Magistrate under Section 14(1) of the SARFAESI Act, the officers so deputed to execute the order under Section 14(1) should complete the process of execution within 60 days, and, if the order is not executed within the said period, the officer concerned shall report the matter back to the District Magistrate, who will then pass suitable orders. 5. In the present case, the District Magistrate had issued the order on 18.09.2019 in respect of two properties i.e. a residential property and a factory premises. Possession of the residential premises was also taken over by the appellant-bank. After issuance of the said order, the respondent-borrowers had paid certain amounts, including under the OTS proposal which was accepted by the appellant-bank. However, the time schedule for complete liquidation of the liabilities-as fixed in the OTS offer made by the appellant-bank, was not adhered to by the respondent and, consequently, the said OTS proposal/offer does not survive. By the impugned order dated 09.11.2022, possession of the factory premises was sought to be taken. We may notice, that possession of the residential property was earlier returned to the petitioner on 13.07.2022 as the petitioner paid certain amounts and undertook to liquidate its liability completely. 6. With due respect, we have serious reservations with regard to the correctness of judgment of the Hon'ble Orissa High Court in Bajaj Finance Ltd.(supra). Limitation can only be prescribed by law, not by the Court in a judgment. 7. The purpose of stipulating the period within which the order under Section 14(1) of the SARFAESI Act should be executed, is to exhibit a sense of urgency and expedition with which the proceedings under the SARFAESI Act should proceed.
Limitation can only be prescribed by law, not by the Court in a judgment. 7. The purpose of stipulating the period within which the order under Section 14(1) of the SARFAESI Act should be executed, is to exhibit a sense of urgency and expedition with which the proceedings under the SARFAESI Act should proceed. There is nothing to suggest that if the order under Section 14(1) is not executed within 30 days, or within 30 days thereafter, the order would lapse, and would become inexecutable. 8. The circumstances in which the order has not been executed are relevant for consideration, which, in the present case, was the fact that the respondent sought to avail the OTS scheme; respondent was made an OTS offer and; the respondent did not fulfill its obligations under the OTS offer by 15.08.2022, which was the date fixed for liquidation of the liabilities under the OTS offer. 9. The submission of the learned counsel for the respondent is that the respondent has paid to the tune of Rs.67 lakhs in the last two years, and that the respondent is ready and willing to continue to pay the amounts outstanding. 10. She submits that the respondent has also asked the appellant-bank to provide the complete statement of account showing the up-to-date outstanding liabilities, but the same has not been provided. 11. Let the appellant-bank provide the detailed statement of account showing, inter alia, the credit entries of the amounts received, as well as the debit entries towards the interest and other charges, and also indicating the rate of interest being charged by the appellant-bank from time to time. The said statement of account will be provided within two weeks. 12. The respondent shall deposit Rs.30 lakhs latest by 31.12.2022 and, thereafter, shall pay the outstanding amounts in installment of Rs.10 lakhs each by the end of the following month. 13. Subject to compliance of the aforesaid conditions, the operation of the impugned order dated 09.11.2022 under Section 14(1) of the SARFAESI Act, issued by the appellant-bank shall remain stayed. 14. With the aforesaid directions, the impugned order dated 30.11.2022 stands modified. 15. Accordingly, the present appeal as well as stay application (IA/1/2022) stand disposed of.