Indian Bank vs Registrar
2023 Latest Caselaw 2704 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           (Civil Writ Jurisdiction)
                     W.P.(C). No.289 of 2023
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Indian Bank, Harmu Branch, Ranchi having its Branch Office, Harmu Housing Colony, Argora, Ranchi, Jharkhand through Chief Manager, Hemrom Ankita Rasan .... .... Petitioner Versus Registrar, Debt Recovery Tribunal, Jharkhand, Pragati Sadan, Kachahari Chauwk, Lalpur, Ranchi & Ors. .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner            : Ms. Amrita Sinha, Adv.
For the Respondents           :
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04/Dated: 08th August, 2023

1. Learned counsel for the petitioner is permitted to correct defect by hand, pointed out by the registry, in course of the day.

2. Heard the learned counsel for the petitioner.

3. The present writ petition has been filed against the order dated 22.12.2022 passed in S.A. No.143 of 2022.

4. The issue has been raised that the possession of the asset has been taken by the secured creditor i.e. the bank on 08.07.2021. Thereafter, they proceeded for auction and auction has also been held and the sale certificate has already been issued.

5. It appears that the borrower has challenged the possession notice dated 08.07.2021, sale notice dated 15.03.2022 and further E-auction Sale Notice dated 26.07.2022.

6. It has been argued by the learned counsel for the petitioner in terms of the Section 17(1) of the SARFAESI Act that objection has to be raised within 45 days and there is no power of condonation of delay. The counting of day will start from the day when the measure has been taken under Section 13(4) of the SARFAESI Act. An application has been filed on 03.12.2022, and as such, even as per the application, the last action which has been challenged is dated 26.07.2022 i.e. beyond period of 45 days. Further, referring to certain judgments, it has been argued that there is no power of condonation of delay.

7. From perusal of the records, it appears that the learned Debt Recovery Tribunal, Ranchi has not condoned the delay rather it has proceeded on the ground that the cause of action is the continuous one, and as such, there is no question of starting the period of limitation.

8. Considering the issue involved in the present writ petition, issue notice upon respondents, both under registered cover with A/D as well as ordinary process, for which requisites etc. must be filed within two weeks.

9. Till further order, proceeding pending before the learned Debt Recovery Tribunal, Ranchi in S.A. No.143 of 2022 is, hereby, stayed.

10. However, the parties are at liberty to file an application for modification/clarification of the present order.

(Rajesh Kumar, J.)

Amar/-