Vipulbhai Maganbhai Bhimani vs LIC Housing Finance Ltd

Ashutosh J. Shastri, J

This petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following reliefs:-

a. YOUR LORDSHIP be pleased to restrain the respondent No.1 LIC Housing Finance Ltd. From taking the Symbolic/ Physical possession of the

property of the petitioner situated at 133, Maruti Nandan, Madhav Chowk, Mota Varachha, SURAT.

b. YOUR LORDSHIP be pleased to direct the respondent No.2 Hon’ble District magistrate, Collector to give opportunity to hearing to the

petitioner, whenever respondent No.1, LIC Housing Finance Ltd., file any application under any law, to take possession/ sale the property of the

petitioner situated at 133, Maruti Nandan, Madhav Chowk, Mota Varachha, SURAT during pendency and final disposal of the present petitioner

before this Hon’ble Court.

c. ………….â€​

It is the case of the petitioner that there is an apprehension that LIC Housing Finance Limited will take symbolic possession of the property in

question and after taking the possession, respondent no.1 will initiate procedure to sell the property and as such having no other alternative, has

approached this Court by way of present petition.

During the course of submission, a query was put upon the learned advocate as to what are the circumstances based upon which there is a serious

apprehension voiced out by the petitioner, to which, the learned advocate for the petitioner has clearly no answer at all. In addition to it, the learned

advocate for the petitioner has further submitted that if ultimately, respondent will file an application under Section 14 of the SARFAESI Act before

the concerned Magistrate, then appropriate opportunity be given to the petitioner. To this submission also when a query is raised as to whether

application under Section 14 of the Act is submitted or not, the learned advocate for the petitioner has no information at all, nor any documents are

produced with the petition to justify the apprehension. The only document which is submitted before the Court is to recall the notice dated 20.03.2021,

and except that, no particulars are provided to the Court and therefore, when the details have been sought, the learned advocate for the petitioner has

submitted that this petition is filed only based upon the apprehension and to see that as and when an application under Section 14 of the Act is filed,

some opportunity be given to the petitioner. Hence, this petition is absolutely without any basis, there is complete inadequacy of the relevant material

and pleadings and as such, the Court is not inclined to encourage such kind of litigation which are just submitted to buy the time to avoid liabilities

which might have fallen back upon the petitioner and in absence of any particulars related to the liabilities of the petitioner, the Court is not inclined to

exercise the extra ordinary jurisdiction. No undue sympathy be shown to such kind of petitioner who is attempting to evade the liabilities on one pretext

or the other.

3.1. In addition to it, if there is any apprehension about symbolic possession or the physical possession sought to be taken by LIC Housing Finance

Limited, then there is a specific remedy available and same is also not in dispute and, therefore, in such a situation, this petition is thoroughly

misconceived, based upon mere apprehension, and without supporting any documents, the Court is not inclined to entertain this petition. This petition

appears to be aimed at evading liability which might have occurred against the petitioner and just to seek an omnibus relief based upon mere

apprehension, the petition deserves to be dismissed with costs, which is quantified at Rs.10,000/- (Rupees Ten Thousand only) to be deposited before

the High Court Legal Aid Services Committee and the same shall be deposited within a period of two weeks from today.

3.2. A word of caution is given to the petitioner that no such frivolous petition be filed in future to avoid undue consequences.

With the aforesaid observations, the present petition stands dismissed with costs as quantified above.