Ram Krishna Vishwakarma vs Union Bank Of India
2019 Latest Caselaw 1066 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1644 of 2019
 

 
Petitioner :- Ram Krishna Vishwakarma
 
Respondent :- Union Bank Of India
 
Counsel for Petitioner :- Rajan Tripathi
 
Counsel for Respondent :- Ashish Agrawal
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

By way of this petition, the petitioner is challenging the order dated 1.2.2019 passed by the learned Chief Metropolitan Magistrate, Kanpur Nagar in Case No.6535 of 2017 "Union Bank of India vs. Ram Krishna Vishwakarma" whereby learned court has passed an order under Section 14 of the SARFAESI Act, 2002 and directed that possession of the house of the petitioner at Arazi No.313 area 153.63 Sq. Meters be taken up.

Learned counsel for the petitioner submits that due to some unavoidable circumstances, he is unable to pay the due loan amount till date but now he is trying his best to pay the same. He further submits that this order has been passed at the back of petitioner. The outstanding amount is more than Rs.18,00,000/- as on date. It is further submitted that he will pay Rs.1,00,000/- before this Court, within a period of two weeks. The draft will be in the name of Registrar General of this Court.

Put up this matter on 2.4.2019, as a fresh case, before the appropriate Bench.

The matter shall not be treated as part heard/tied-up to this Bench.

Till next date of hearing only, the order impugned is kept in abeyance. This order is subject to the deposit of the aforesaid amount within time granted.

In case of default of deposit of Rs.1,00,000/- within time granted, this interim order will be considered to be not in currency.

Learned counsel for the petitioner undertakes to serve a copy of this writ petition to respondent No.2 through speed post.

Order Date :- 12.3.2019

Rishabh

(Saurabh Shyam Shamshery, J.)