Allahabad High Court
Shipra Hotels Limited. Thru Its ... vs Debt Recovery Tribunal At Lko. ... on 3 March, 2023
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 21
Case :- MATTERS UNDER ARTICLE 227 No. - 1197 of 2023
Petitioner :- Shipra Hotels Limited. Thru Its Authorized Representative, And Others
Respondent :- Debt Recovery Tribunal At Lko. Thru. Presiding Officer And Others
Counsel for Petitioner :- Sudeep Kumar,Prashant Kumar,Sarvesh Kumar Tiwari
Counsel for Respondent :- C.S.C.,Manu Dixit,Suneet Kumar Sharma
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner, learned State Counsel for opposite party no.4, Mr. N.K. Seth, Senior Advocate assisted by Mr. Suneet K. Sharma, learned counsel for opposite party no.2 and Mr. Sudeep Seth, Senior Advocate assisted by Mr. Manu Dixit, learned counsel for opposite party no.3. Notices to opposite party no.1 stand dispensed with. Power on behalf of opposite parties 2 and 3 are taken on record.
This matter has been taken up on urgency being mentioned due to fact that the physical possession of secured asset is due to be taken today itself.
Petition under Article 227 of the Constitution of India has been filed seeking a direction to Debt Recovery Tribunal (hereinafter referred to as DRT) in Securitization Application 906 of 2022. Further relief regarding maintenance of status quo of the secured asset has also been made till disposal of application for interim relief.
Learned counsel for petitioner submits that pursuant to alleged default in repayment of loan, proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) were drawn and order under Section 13(4) of the SARFAESI Act was passed on 04.01.2022. It is submitted that subsequently order under Section 14 of the SARFAESI Act was issued on 30.05.2022, which was challenged before this Court in Writ - C No.22594 of 2022 which was dismissed by means of judgment and order dated 25.11.2022 and Special Leave Petition (Civil) bearing Diary No.40574 of 2022 thereagainst was dismissed as withdrawn.
It is submitted that prior thereto, application under Section 17 of the Act was filed on 17.12.2022 and was registered as Securitization Application 906 of 2022 along with application for condonation of delay and interim relief.
It is submitted that the application for condonation of delay was partly allowed by the DRT vide order dated 01.03.2023 holding that the Securitization Application was well within limitation from the date of notice dated 14.12.2022 and therefore the applicant was held to be entitled to raise objections which were 45 days prior to 17.12.2022. The case was thereafter listed for 03.03.2023 for hearing on interim relief regarding possession. It is submitted that today, i.e. on 03.03.2023, a notice was circulated indicating that the Presiding Officer would be on leave and in such circumstances, the Securitization Application could not be heard today but in pursuance of notice dated 10.02.2023, physical possession of the secured asset is being sought to be taken today itself. Learned counsel for petitioner submits that since in Securitization Application, relief other than challenge to order passed under Section 14 of SARFAESI Act is also under consideration, the dismissal of earlier writ petition before this Court would not come in the way. It is further submitted that it is only fortuitous that the Securitization Application could not be heard today in terms of directions issued by the DRT, the same can be heard on the next date fixed but the physical possession of secured asset should not be taken till the next date fixed before the DRT.
Learned counsel appearing on behalf of answering opposite parties 2 and 3 have refuted submissions advanced by learned counsel for petitioner with the submission that by means of orders dated 01.03.2023, delay has been condoned subject to certain observations and subject to objections being raised on the next date of listing and and as such delay entirely in filing the Securitization Application has not been condoned. Learned counsel has further submitted that preliminary objections regarding maintainability of the the Securitization Application are also pending consideration which are required to be taken up prior to grant of any interim relief. Learned counsel upon instructions submits that the next date fixed before the DRT is 06.03.2023.
Mr. Sudeep Seth, Senior Advocate on the basis of instructions submits that no physical possession of the secured asset is being taken today in pursuance of the notice dated 10.02.2023. He has also submitted that earlier as well, application for interim relief has been disposed of by means of order dated 20.12.2022 in terms of Division Bench judgement directing the A.D.M. to issue at least 15 days' prior notice before taking physical possession.
Learned counsel for opposite parties 2 and 3 further submits that since the case is listed before the DRT on 06.03.2023, there is no occasion for issuing any interim protection since the same can be very well determined by DRT itself and keeping in view the statement that no physical possession of the secured asset is being taken today.
Considering the submissions advanced by learned counsel for the parties, it appears that the Securitization Application has been filed seeking challenge not only to order passed under Section 14 of the SARFAESI Act but the orders under Section 13 of the said Act and other consequential orders as well and the application as such is not limited. It also appears that an amendment application has been filed before the DRT by the petitioner to effect challenge to the notice dated 10.02.2023, which is also pending consideration.
In view of submissions advanced by learned counsel for the parties and particularly the statement by learned counsel for opposite party no.3 that no physical possession of the secured asset is being taken today and the fact that the case is listed before the DRT on 06.03.2023, there does not appear to be any occasion for any further protection to be provided to petitioners in this petition, which may be considered by the DRT itself on 06.03.2023 along with other applications.
With aforesaid observations, the writ petition stands disposed of.
Order Date :- 3.3.2023
kvg/-
