M/S Sharda Floor Mill vs Canara Bank Andors ...

[2023:RJ-JP:21403]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 4095/2016

M/s Sharda Floor Mill Through Proprietor Smt. Sharda Devi W/o
Kalu Singh Rajpoot, Nh No. 11, Agra Road, Village Khedla, Post
Pancholi, Tehsil Sikrai District Dausa
                                                                      ----Petitioner
                                      Versus
1.       Canara Bank, Baswa Road, Bandikui District Dausa
2.       Authorized Officer, Canara Bank, Baswa Road, Bandikui
         District Dausa
                                                                   ----Respondents

For Petitioner(s)           :     None
For Respondent(s)           :



                HON'BLE MR. JUSTICE SAMEER JAIN

                                       Order

06/09/2023

No one appeared on behalf of the petitioner. The present writ petition was filed in the year 2016 with the following prayer:

"a) By an appropriate writ, order and direction in the nature thereof, the impugned notice u/s 13(4) of the Act 2002 dated 11.1.2016 may kindly be quashed and set asideand to removetheir possession from the disputed immovable property measuring 796.31 sq. meters at NH No.11 Village Khedia Post Pancholi, Tehsil Sikrai, District Dausa and not to auction the same.

b) Any other order or direction, which this Hon'ble High Court may deem fit and proper be also passed in favour of the petitioner."

[2023:RJ-JP:21403] (2 of 2) [CW-4095/2016] On perusal of the Court file, it is noted that the petitioner has taken no active steps to contest the matter. Ever after approximately 7 years, the matter is at the stage of admission. Furthermore, as the matter pertains to 'Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002', the relief sought cannot be granted in view of the Apex Court judgments of United Bank of India vs. Satyawati Tondon and Ors. reported in AIR 2010 SC 3413, Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir and Ors. reported in (2022) 5 SCC 345, Varimadugu Obi Reddy vs. B. Sreenivasulu and Ors. reported in (2023) 2 SCC 168, and M/S. South Indian Bank Ltd. & Ors. V Naveen Mathew Philip & Anr.: 2023/INSC/379.

In view of the above, the present writ petition stands dismissed. Pending application(s), if any, shall stand disposed of.

(SAMEER JAIN),J ANIL SHARMA /270 (Downloaded on 11/11/2023 at 07:51:14 PM) Powered by TCPDF (www.tcpdf.org)