Gujarat High Court
Rakshitaben Ankitbhai Patel vs District Magistrate on 17 January, 2025
NEUTRAL CITATION
C/SCA/668/2025 ORDER DATED: 17/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 668 of 2025
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RAKSHITABEN ANKITBHAI PATEL
Versus
DISTRICT MAGISTRATE & ORS.
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Appearance:
GAURAV D NANAVATI(8651) for the Petitioner(s) No. 1
KHYATI A CHUGH(10132) for the Petitioner(s) No. 1
MS JYOTI BHATT AGP for the Respondent(s) No. 1,2
MS NALINI S LODHA(2128) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 17/01/2025
ORAL ORDER
1. Ms. Nalini S. Lodha, learned advocate is permitted to file
her Vakalatnama on behalf of the respondent No.3 Bank.
2. By the present Special Civil Application, the petitioner is
praying for the following reliefs:-
"14A. The Hon'ble Court be pleased to issue a writ of mandamus or
any other appropriate writ, order or direction or command in the nature
of writ of mandamus directing the respondent authorities to supply the
certified copies of the proceedings bearing Case No. 232-2019/2021
including certified copies of entire case papers and the order passed
therein on 02.11.2021 before executing the Notice dated 17.12.2024
(Annexure - A);
B. The Hon'ble Court be pleased to issue a writ of mandamus
directing the respondent authorities not to take action for a period of 30
days from the date of supply of the certified copies of the proceedings
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C/SCA/668/2025 ORDER DATED: 17/01/2025
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bearing Case No. 232-2019/2021 and the order passed thereon dated
02.11.2021 to the petitioner herein.
C. Pending admission and final hearing of the present petition, the
Hon'ble Court be pleased to stay the implementation and execution of
notice dated 17.12.2024 issued in further of order passed in the
proceedings bearing Case No. 232-2019/2021 dated 02.11.2021.
(Annexure - A);
D. Ex-parte ad interim relief in terms of paragraph (C) above be
granted;"
3. It is submitted by the learned advocate for the petitioner
that the petitioner was never served with any notice or
proceedings in respect of the provisions under the Securitisation
and Reconstruction of Financial Assets and Enforcement of
Securities Interest Act, 2002 ["Act, 2002" for short]. She submits
that thereafter the respondent No.1 has passed an order dated
02.11.2021 under Section 14 of the Act, 2002. She submits that
thereafter, the respondent Nos.1 and 2 have issued a notice
dated 17.12.2024 for taking over the possession of the
residential premises of the petitioner where the petitioner's entire
family of 10 persons are residing. She submits that in absence of
any receipt of notice under the Act, 2002 as well as copy of any
of the proceedings being served on the petitioner, the petitioner
is not in a position to challenge the proceedings before
appropriate Tribunal. She, therefore, submits that the
respondent authorities may be directed to supply and serve copy
of the proceedings being Case No.232-2019/2021 as well as
certified copy of the entire case papers and the orders passed
therein. She further submits that the petitioner may also be
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C/SCA/668/2025 ORDER DATED: 17/01/2025
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granted time of 30 days to initiate appropriate proceedings after
receipt of the certified copy from the respondent Nos.1 and 2.
She submits that pending the present writ petition, the
implementation and execution of the notice dated 17.12.2024 be
stayed.
4. Ms. Nalini Lodha, learned advocate appearing for the
respondent No.3 Bank submits that the petitioner was served
with the demand notice dated 29.6.2018 under Section 13(2) of
the Act, 2002. She submits that the said notice has been
personally received by the petitioner and duly acknowledged by
her in person by affixing her signature on the same. She has
produced a copy of the said demand notice with due
acknowledgment of the petitioner. The same is taken on record.
She further submits that the properties which are
proposed to be taken possession of are not the properties where
the petitioner is residing. She submits that the petitioner's
address as given in the writ petition as well as in various
communications issued to the petitioner shows that she resides
in a separate premises. She submits that the outstanding dues
against the petitioner are around Rs.67 Lakhs and that the
petitioner has not paid any installment towards the said amount
since 2018. She submits that the present writ petition has been
filed to delay the process of taking over possession of the subject
premises. She further submits that in para '10' of the writ
petition, the petitioner has stated that "the petitioner does not
intend to challenge the order dated 02.11.2021 passed under
Section 14 of the SARFAESI Act". She, therefore, submits that the
present writ petition be dismissed.
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5. Ms. Jyoti Bhatt, learned AGP appearing for the respondent
Nos.1 and 2 submits on instructions from Mr. K.S.Bhoi, Extra
Chitnis to Collector, Vadodara, who is present in the Court and
duly identified by her that the certified copy of the order dated
02.11.2021 passed under the Act, 2002 shall be provided to the
petitioner within 15 days from today. She submits that the delay
has occurred in providing the certified copy of the order to the
petitioner is due to the reason that the office of the respondent
Nos.1 and 2 has since shifted to new premises.
6. Heard learned advocates for the parties and perused the
documents on record.
7. It is not in dispute that the petitioner has availed home
loan from the respondent No.3 Bank to the tune of Rs.45 Lakhs.
Further, copy of the demand notice as placed on record by the
learned advocate for the petitioner dated 29.6.2018 states that
the petitioner's account was declared as Non Performing Asset
w.e.f. 31.5.2018. There is nothing on record to show that the
petitioner has repaid the amount of loan after receiving the
demand notice. Further, the proceedings under Section 14 of the
Act, 2002 have been undertaken in the year 2021 and the order
dated 02.11.2021 has been passed under Section 14 of the Act,
2002. Learned counsel for the respondent Bank submitted that
the copy of the notice for taking over possession has been affixed
on the subject premises of which the possession is proposed to
be taken. Further, the petitioner has produced copy of the notice
of the Mamlatdar date 17.12.2024 on record whereby the
possession of subject property is proposed to be taken on
18.01.2025. Therefore, the petitioner was very well aware and
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could have initiated appropriate proceedings before the Debts
Recovery Tribunal.
8. In view of the judgment in PHR Invent Educational Society
v. UCO Bank & Ors. - (2024) 6 SCC 579 as well as the averments
made in para '10' of the writ petition, this Court is not inclined
to entertain the present writ petition. The petitioner has
efficacious remedy to challenge the proceedings before the
learned Debts Recovery Tribunal. The observations made
hereinabove shall not come in the way of the petitioner if any
proceedings are initiated by the petitioner under the Act, 2002.
The petitioner is at liberty to raise all the contentions as are
available to her in case the petitioner proposes to file appropriate
proceedings.
9. It is made clear that this Court has not gone in the merits
of the case nor any opinion is expressed thereon.
With the aforesaid directions, the present Special Civil
Application stands disposed of.
Direct Service is permitted.
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
