Virgarh vs Authorised Officer The Baghat ...
2021 Latest Caselaw 5627 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 8th DAY OF DECEMBER, 2021




                                                         .

                               BEFORE

           HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                &

                 HON'BLE MR. JUSTICE SATYEN VAIDYA

                 CIVIL WRIT PETITION NO. 7753 OF 2021

     Between:-
                    r       to
     DALIP SINGH S/O SH. KARAM
     CHAND AGED 42 YEARS, R/O
     VILLAGE SHAWAT, POST OFFICE

     VIRGARH, TEHSIL KUMARSAIN,
     DISTRICT    SHIMLA,    H.P.,
     OCCUPATION PUBLIC SERVANT.
                                                     ...PETITIONERS


     (BY SH. LALIT K. SHARMA AND
     SH.     ABHISHEK     THAKUR,
     ADVOCATES)




     AND

1.   AUTHORIZED     OFFICER,   THE





     BAGHAT URBAN CO-OPERATIVE
     BANK LTD. H.O. BAGHAT BANK
     PARISAR,    RAJGARH     ROAD,





     SOLAN, TEHSIL AND DISTRICT
     SOLAN, H.P.
2.   BRANCH      MANAGER,      THE
     BAGHAT URBAN CO-OPERATIVE
     BANK LTD., H.P. BAGHAT BANK
     PARISAR     RAJGARH     ROAD,
     SOLAN, TEHSIL AND DISTRICT
     SOLAN, H.P.
                                                  ...RESPONDENTS
     (SH. SUDHIR THAKUR, SR.
     ADVOCATE WITH SH. KARUN
     NEGI, ADVOCATE).




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                                          2




    This Petition coming on for Order this day, Hon'ble Mr. Justice
    Tarlok Singh Chauhan, passed the following:-




                                                                      .

                                      ORDER

The instant petition has been filed for the grant of

following substantive reliefs:-

(i) That the action of the authorized officer of the respondent bank who despite of the pendency of

Securitization Application No. 169 of 2021, titled Sh. Dalip Singh vs. Authorised Officer The Baghat Urban Co- operative Bank, pending adjudication before DRT-I,

Chandigarh, is harping to take over the physical possession of the house of the petitioner constructed

upon Khata Khatauni No. 24/25, Khasra No. 268/11, measuring 00-02-00 Biswas situated in Muaza Manjh Gaon, Tehsil and District Solan was mortgaged with the

respondent bank may kindly be set aside and quashed.

(ii) That in the absence of Presiding Officer in DRAT Delhi or in DRT Chandigarh, the SA No. 169-2021 of the

petitioner pending before DRT-I Chandigarh may kindly be

transferred to DRT Jaipur which at present is the only functional DRT under the jurisdiction of DRAT Delhi.

(iii) That or in alternate the present petition may kindly be

disposed off in terms of judgments passed by this Hon'ble Court in identical matters viz. (CWP-6647-2021, CWP- 7258-2021, CWP-7108-2021).

(iv) That the respondent bank may directed to re-visit the entire issue of declaring the loan account of the petitioner as NPA in terms of number of circular issued by the RBI providing waiver of interest and interest on interest moratorium and restructuring of re-payment of loan amount especially when the petitioner is ready and willing to settle his loan account.

2. It is not in dispute that neither the DRT, Chandigarh nor

the DRAT, New Delhi are functional for want of appointments of the

.

Presiding Officers. However, as on date, DRT, Jaipur, is the only

functional DRT, under the jurisdiction of DRAT, Delhi.

3. Since, the proceedings have been initiated by the

Bank under the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002, it is only

the DRT, which has jurisdiction and since the DRT at Japur is

functional, therefore, we direct the petitioner to approach the

DRT, Jaipur.

4. In the given facts and circumstances, we direct the

DRT-I, Chandigarh to transmit the record of SA No. 169 of 2021

(Annexure P-4) to the DRT, Jaipur, who shall take up the

proceedings on 10.01.2022.

5. The petition stands disposed of in the aforesaid

terms, so also pending application(s), if any.

Copy dasti.

                                              (Tarlok Singh Chauhan)
                                                         Judge


                                                    (Satyen Vaidya)
             th
           8      December, 2021                    Judge
                  (sanjeev)