NASEEMUNNNISA Vs. AUTHORIZED OFFICER

JUDGEMENT

(1.) Heard the learned counsel for the petitioners. None appears for the Caveator-respondent/Bank. The Learned counsel for the petitioners submits that a copy of the writ petition is not served on the counsel for the respondent because of the Covid - 19 restrictions.

(2.) On merits, the learned counsel further submits that the petitioner has filed this petition impugning the notice under section 13[4] of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002, [for short ' SARFAESI Act '] despite alternative remedy because of the fact that no matters were being heard by the Debt Recovery Tribunal, Bengaluru over the last 2-3 months because of Covid-19 restrictions. However, the Debt Recovery Tribunal, Bengaluru has recently started taking up matters for hearing. The learned counsel for the petitioner further submits that the petitioner is aggrieved with the initiation of the proceedings under the SARFAESI Act because the respondent-Bank had not registered its security interest with the Central Registry as required under the Gazette Notification dated 16.08.2016 and therefore, the impugned order is impermissible in law.

(3.) This Court is of the considered view that the writ petition could be disposed of reserving liberty to the petitioner to avail alternative remedy under the provisions of Section 17 of the SARFAESI Act. Since the petitioner apprehends coercive measures of dispossession from the residential property (subject property) in the interregnum, and in the light of the grounds urged, this Court is of the further considered opinion that there shall be interim protection against forcible dispossession of the petitioners from the subject property for a period of two weeks from today or until the earlier orders of the Debt Recovery Tribunal, Bengaluru in the proceedings that may be initiated by the petitioners.