Arjun Ram vs The District Magistrate
2022 Latest Caselaw 934 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 990/2022

1. Arjun Ram S/o Gudad Ram, Aged About 55 Years, R/o Behind Railway Station, Chouhano Ka Bass, Pipar City, District Jodhpur Rajasthan.

2. Smt. Indra Devi W/o Arjun Ram, Aged About 50 Years, R/ o Behind Railway Station, Chouhano Ka Bass, Pipar City, District Jodhpur Rajasthan.

----Petitioners Versus

1. The District Magistrate, Jodhpur.

2. The Fullerton India Home Finance Company Limited, Keshar Mall, First Floor, Plot No. 115, Opposite To Apex Mall, Babu Nagar, Tonk Road, Jaipur, Rajasthan Through Its Authorized Officer.

----Respondents

For Petitioner(s) : Mr. Girish Sankhala through VC

JUSTICE DINESH MEHTA

Order

19/01/2022

1. It is asserted that on account of general financial constrain

arising out of spread of COVID-19 and also because the petitioner

No.2 - wife of petitioner No.1, is suffering from cancer, the

petitioners were unable to honour their financial commitments.

2. This Court is not oblivious of its limitation of interference in

the matters relating to action taken under the provisions of

Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (hereinafter referred to

as the 'SARFAESI Act') in light of catena of judgments of Hon'ble

the Supreme Court, however, considering that the petitioners have

(2 of 2) [CW-990/2022]

approached this Court with bonafide intention to settle the dues,

this Court is inclined to exercise its equitable jurisdiction.

3. Learned counsel submits that petitioners are genuinely

desirous of squaring off the loan amount and settle the bank's

dues and if the respondents - bank seizes residential house of the

petitioners, the same will affect petitioners' family.

4. Learned counsel for the petitioners, on instructions, submits

that out of the total dues of Rs.22,10,543/-, as mentioned in the

respondent - Bank's notice, petitioners would deposit the amount

as following :

(i) Sum of Rs.10 lacs by 15.02.2022;

(ii) Rs.5 lac by 05.06.2022 and

(iii) remaining amount by 05.12.2022.

5. In view of the above undertaking, let notices be issued to the

respondents, returnable within six weeks.

6. In case petitioners subscribe to the above said undertaking,

the respondent - Bank shall stand restrained from taking

possession of petitioners' residential house situated at Patta

No.44, Chouhano Ka Bass, Pipar City, Jodhpur for auction.

7. Needless to observe that in the event of petitioners' failure to

adhere to any of the abovementioned commitments, the

respondents shall be free to proceed in accordance with law.

(DINESH MEHTA),J 57-A.Arora/-

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