Wines vs Unknown
2022 Latest Caselaw 8953 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 2nd DAY OF NOVEMBER, 2022




                                                        .
                                BEFORE





                     HON'BLE MR. JUSTICE A.A. SAYED,





                             CHIEF JUSTICE

                                   &

             HON'BLE MS. JUSTICE JYOTSNA REWAL DUA




    1
         Between:-

          M/S.

                  A.D.

                 CIVIL WRIT PETITION No.6965 of 2021



                          WINES,   (A

          PARTNERSHIP FIRM) OFFICE
          AT    AMB      ROAD,   UNA,
          HIMACHAL           PRADESH.
          THROUGH ITS AUTHORIZED


          REPRESENTATIVE SH. MEHAR
          CHAND DOGRA.
    2.    SH. MEHAR CHAND DOGRA,




          AGED ABOUT 98 YEARS, S/O
          LATE CHET RAM DOGRA, R/O
          PADAM COTTAGE, SANJAULI





          BAZAR, SHIMLA TEHSIL AND
          DISTT. SHIMLA, HIMACHAL
          PRADESH. AT PRESENT:-





          EC-64, MAYA ENCLAVE, NEW
          DELHI, PIN-110064.


                                                 .....PETITIONERS

          (BY MR. SUBHODH PATHAK
          AND MR. ATUL G. SOOD,
          ADVOCATES)




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         AND

    1.   STATE BANK OF INDIA, A BODY




                                                      .
         CORPORATE,      CONSTITUTED





         UNDER THE STATE BANK OF
         INDIA ACT, 1955 AND HAVING
         CENTRAL OFFICE AT MADAM
         CAMA ROAD, NARIMAN POINT,





         MUMBAI,       MAHARASHTRA.
         THROUGH      ITS   GENERAL
         MANAGER.
    2.   STATE    BANK    OF    INDIA,





         STRESSED             ASSETS
         MANAGEMENT BRANCH AT
         SCO 99-107, SECTOR 8C,
         MADHYA MARG, CHANDIGARH
         THROUGH     ITS   ASSISTANT

         GENERAL MANAGER.

    3.   CHIEF VIGILANCE OFFICER,
         STATE    BANK    OF    INDIA,
         CORPORATE CENTRE, VIDHAN
         BHAWAN MARG, NARIMAN


         POINT,              MUMBAI,
         MAHARASHTRA.
    4.   THE    BRANCH     MANAGER,
         STATE BANK OF PATIALA




         (NOW STATE BANK OF INDIA),
         BRANCH UNA, DISTRICT UNA,





         HIMACHAL PRADESH.
    5    THE      OFFICER-IN-CHARGE,
         POLICE STATION UNA SADAR,





         DISTRICT   UNA,   HIMACHAL
         PRADESH.
                                            .....RESPONDENTS


         (MR.    ARVIND     SHARMA,
         ADVOCATE, FOR R-1 TO R-4
         MS.     RITTA    GOSWAMI,
         ADDITIONAL       ADVOCATE




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         GENERAL, FOR R-5)

    _____________________________________________________

                 This petition coming on for orders this day, Hon'ble




                                                                    .

    Mr. Justice A.A. Sayed, passed the following:





                                  ORDER

The petition has been filed by the petitioners seeking

the following reliefs:-

"(i) issue a writ, order or direction in the nature of r Certiorari quashing the declaration of the A/C No.

65049077190 (Una) of Petitioner No. 1 with Respondent Bank to be NPA on 28.07.2016 by Respondent to be illegal, arbitrary, unlawful and not

being as per law and hence not sustainable in the eyes of law; and

(ii) may further be pleased to pass an

appropriate writ, order or direction in the nature of

Certiorari declaring all the proceeding against Petitioner subsequent to declaration of the CC Account

of the Petitioner to be NPA to be null and void and not sustainable in the eyes of law; and

iii) may further be pleased to pass an appropriate writ, order or direction in the nature of Mandamus to conduct a free, fair and impartial enquiry into unlawful and acts/offence committed qua the Petitioner by the Officials of Respondent Bank by the

Economic Offence Wing or by the Central Bureau of Investigation as may be deem fit by this Hon'ble Court."

.

2. The account of petitioner No.1 was declared Non

Performing Assets (NPA) as far back as on 28.07.2016. The present

petition has been filed on 8th November, 2021. The petition suffers

from inordinate delay and laches. On this ground alone, the petition

is liable to be dismissed.

3. Even otherwise, it is an admitted position that the

petitioners have not challenged the measures taken by the

respondent-SBI after the issuance of notice by the respondent-bank

under Section 13(4) of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002, (for

short, "the SARFAESI Act") by filing an application under Section 17

of the SARFAESI Act, wherein the petitioners could have raised all

challenges including the declaration of account of petitioner No.1 as

NPA.

3. The judgments of the Supreme Court in A.V. Papayya

Sastry and others vs. Govt. of A.P. and others, (2007) 4 SCC 221;

Harbanslal Sahnia and another vs. Indian Oil Corpn. Ltd. and

others, (2003) 2 SCC 107; and Mardia Chemicals Ltd. And

others vs. Union of India and others (2004) 4 SCC 311 relied upon

by learned counsel for the petitioners do not assist the case of the

petitioners in the facts of the present case.

.

4. In view of the above, we are not inclined to exercise the

extraordinary writ jurisdiction of this court. The writ petition is

accordingly dismissed. Pending application(s), if any, also to stand

disposed of.

                     r          to                       ( A.A. Sayed )
                                                         Chief Justice

                                                     ( Jyotsna Rewal Dua )
    November 02, 2022                                      Judge


           (vt)