WPMS/2349/2021
2021 Latest Caselaw 4503 UK

    IN THE HIGH COURT OF UTTARAKHAND
                            AT NAINITAL
           ON THE 11th DAY OF NOVEMBER, 2021
                                   BEFORE:
        HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


            Writ Petition (M/S) No. 2349 of 2021

BETWEEN:

M/s Kisan Seeds Corporation & Others                       .....Petitioners
     (By Mr. Atul Kumar Bansal, Advocate)



AND:
The Nainital Bank Ltd.                                     .....Respondent
       (By Dr. Kartikey Hari Gupta, Advocate for the respondent)




                            With



            Writ Petition (M/S) No. 2350 of 2021

BETWEEN:

M/s Kisan Industries & Others .....Petitioners
     (By Mr. Atul Kumar Bansal, Advocate)



AND:
The Nainital Bank Ltd.                                     .....Respondent
       (By Dr. Kartikey Hari Gupta, Advocate for the respondent)




                                JUDGMENT

Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and are being heard & decided together.

However, for the sake of convenience, facts of WPMS No. 2349 of 2021 are being considered.

2. Heard learned counsel for the parties.

3. By means of this present writ petition, petitioner has sought following relief:

"I. To Issue a writ, order or direction in the nature of certiorari to quash the notice dated 14.06.2021 (annexure no.1) issued u/s 13(2) of the SARFAESI Act, 2002 and the reply notice/order dated 04.09.2021 (annexure-2), communicating the reasons for non acceptance of the representation/objection dated 14.08.2021 u/s 13(3A) of the SARFAESI Act, 2002.

II. To issue a writ, order or direction in the nature of mandamus commanding the respondents herein to drop the proceedings initiated by the respondent Bank against the petitioner herein under SARFAESI Act, 2002.

III. To issue any other writ, order or direction or grant such other further relief in favor of the petitioners which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

4. Case of the petitioners is that the respondent- Bank had issued a notice under Section 13 (2) of the SARFAESI Act, 2002, demanding a sum of `5,18,87,785.45/- from the petitioners. Petitioners responded by making a representation under Section 13 (3A) of the Act with the contention that the respondent- Bank cannot proceed against the agricultural land of the petitioner in view of the provision contained in Section 31(i) of the SARFAESI Act, 2002. The respondent Bank has brushed aside the said contention by observing that as per the property records and market survey, the property is not used for agricultural purpose, but for conducting marriages and other family functions with the name M/s Royal Lawns.

5. In the humble opinion of this Court as of now no action has been taken by the bank against the interest of the petitioners.

6. In the absence of any prejudice to the petitioner, this Court is not inclined to entertain the writ petitions at this stage.

7. However, having regard to the facts of the case, writ petitions are disposed of with the hope and expectation that respondent-Bank shall proceed in the matter, strictly in accordance with law, including the provisions contained in SARFAESI Act, 2002.

(MANOJ KUMAR TIWARI, J.) Nahid