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Judgment
Petitioner purchased a property in auction sale held by respondent no. 2 on 09.12.2024 and a sale deed was executed in his favour. Since possession of the property purchased by petitioner has not been handed over to him, therefore, he has approached this Court seeking the following reliefs:-
“A. To issue a writ, order or direction in the nature of mandamus directing respondent no.2 Punjab National Bank and respondent no.3 Narendra Singh Bisht, authorised officer of respondent no.2 Punjab National Bank, to hand over the vacant possession of the property, bearing Plot no. 20 & 21, having Khasara No. 461Min., measuring 1600 Sq. Ft., within limits of Nagar Palika Parishad Shivalik Nagar BHEL Ranipur Haridwar, Situated at Shivalik Nagar, Tehri Visthapit Village, Ranipur, Pargana Jwalapur, Tehsil & District -Haridwar, purchased by petitioner from respondent no.2 Punjab National Bank, in Auction Sale.
B. To issue a writ, order or direction in the nature of mandamus directing respondent no.2 Punjab National Bank and respondent no.3 Narendra Singh Bisht, authorised officer of respondent no.2 Punjab National Bank, to return to the petitioner Rs. 35,40, 000/ (thirty five lac forty thousand paid to them by petitioner towards auction sale consideration, Rs. 1, 77,000/- (one lac seventy seven thousand) spend on stamp duty, Rs.25,000/ (twenty five thousand) paid as registration fees/charges and Rs. 20,000/- (twenty thousand) paid towards drafting of the sale deed, in total Rs. 37, 62000/- (Thirty seven lac and sixty two thousand) spend by petitioner in the purchase of the property in question along with interest @ 12% per annum from 09.12.2024, till the date of actual realisation, in default of delivery of vacant possession of the aforesaid property purchased by petitioner from them in auction sale.
C. To issue a writ, order or direction in the nature of mandamus directing respondent no.4 District Magistrate, Haridwar and respondent no.5 Senior Superintendent of Police, Haridwar to ensure under section 14 (2) of the (SARFAESI) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the compliance of the proceedings initiated at the instance of respondent no.2, Punjab National Bank under section 14 (1) of the (SARFAESI) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.”
Mr. Narendra Bali, learned counsel appearing for respondent nos. 8 & 9 submits that his clients, who had taken loan from Punjab National Bank are ready to repay the amount which petitioner paid as sale consideration to the bank, along with amount spent by him in execution of sale deed, stamp duty, registration charges etc. He submits that residential property is worth more than Rs.70,00,000/- and the residential plot, which was also sold to petitioner is worth more than Rs. 1,20,00,000/- however, this entire property was sold for Rs. 35,40,000/-.
Learned counsel for petitioner, however, submits that petitioner has paid the entire amount to the bank in December, 2024, therefore, he is entitled to possession of the property.
Learned counsel appearing for respondent nos. 8 & 9 submits that securitization application filed by his clients is pending consideration before Debts Recovery Tribunal, Dehradun and is numbered as S.A. No. 180 of 2025, therefore, the issues raised by petitioner in this writ petition can be appropriately dealt with by Debts Recovery Tribunal in pending proceedings.
Learned counsel for petitioner, however, refers to provision contained in Section 13 (8) of SARFAESI Act, for contending that after issuance of auction notice, the secured asset cannot be redeemed.
Since Debts Recovery Tribunal is ceased of the matter, which is the forum created by SARFAESI Act, 2002, therefore, the issues raised by petitioner in this writ petition can be dealt with by Debts Recovery Tribunal.
Moreover, Mr. Narendra Bali, learned counsel appearing for respondent nos. 8 & 9 refers to prayer no. B in the relief clause of the writ petition, where petitioner has sought refund of the amount paid by him as sale consideration and stamp duty etc.
Accordingly, the writ petition is disposed of with liberty to petitioner to seek his remedy before the Debts Recovery Tribunal.