VIJAYAKUMAR L. Vs. HDFC LIMITED

JUDGEMENT

(1.) The petitioners have made the following prayers in this writ petition:

(2.) Heard the learned counsel appearing for the petitioners.

(3.) Upon being questioned by this Court, learned counsel for the petitioners are unable to point out as to when the notice of demand under Sec. 13(2) of the SARFAESI Act was served on the petitioners. No such notice is annexed to this writ petition. The petitioners have also not pointed out notice issued under Sec. 13(4) of the SARFAESI Act by the secured creditor. Ext.P1 produced in this writ petition is the judgment of this Court by which, on earlier occasion, petitioners were permitted to pay the overdue amount with accrued interest in ten equal instalments starting from 30/1/2017. Ext.P6 is the reply notice issued by the secured creditor to the petitioners. In that notice, the respondents have clearly mentioned that the petitioners have disobeyed the directions given by this Court in the judgment dtd. 21/12/2016 passed in W.P.(C) No.40472 of 2016 (Ext.P1). By the reply notice at Ext.P6 sent by the respondents, the petitioners were informed that as on 10/12/2019, a total amount of Rs.6,80,239.00 is outstanding in the loan account. Way back in the year 2019, by the reply notice at Ext.P6, the respondents had informed the petitioners that before taking legal action of taking over the possession of the secured asset by executing the order of the learned Chief Judicial Magistrate, the petitioners should close the loan account. It was further warned by the respondents that the Authorised Officer of the respondents is in the process of taking further steps under the provisions of the SARFAESI Act to enforce the security interest and to realise the loan amount outstanding by sale of the secured asset. Thus the petitioners were duly cautioned by the respondents on 10/12/2019 itself. However, it is seen that the petitioners have not cared to clear off the outstanding amount of loan. The document at Ext.P7 is an order passed by the learned Chief Judicial Magistrate in a petition filed under Sec. 14 of the SARFAESI Act on 15/2/2020 and an Advocate Commissioner was appointed as per the provisions of the said Act for taking possession of the secured asset.