Rajendra Singh And Others vs Authorized Officer And Others

Sushrut Arvind Dharmadhikari, J

Heard on the question of admission as well as on interim relief.

This petition has been filed by the petitioners challenging possession notice dated 14/02/2023 passed under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short “SARFASI Act) by CJM, Sanwer, District-Indore.

Learned counsel for the petitioners fairly stated that appeal lies before DRT under Section 17 of the SARFASI Act, however looking to the fact that before issuance of impugned possession notice, no notice was issued to the petitioners before passing of the order, which is evident from the order-sheets which have been filed as Anenxure-P/1. He prays for liberty to challenge the impugned order before DRT and also to file application seeking stay.

At this stage, learned counsel for the petitioners has prayed for only breathing time so that no injustice is caused to the petitioners.

Looking to the fact that no notice was issued to the petitioners by CJM while deciding the application filed under Section 14 of SARFASI Act, therefore, liberty is granted to the petitioners to appraoch the DRT to file the appeal against possession notice dated 14/02/2023 within a period of two weeks from today. If the appeal is filed within the aforesaid period, then, the DRT shall consider the same in accordance with law and pass a reasoned and speaking order. Till the appeal is filed and the application seeking stay is decided, no coercive action shall be taken against the petitioners on the basis of impugned possession notice dated 14/02/2023.

It is made clear that this Court has not expressed any opinion on merits of the case.

Accordingly, this petition stands disposed of with the aforesaid direction.

C.C. as per rules today.