SHIPRA HOTELS LIMITED Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Amit Saxena learned Senior Counsel assisted by Sri Komal Mehrotra learned counsel for the petitioners, Sri Manish Goyal learned Additional Advocate General assisted by Sri Apoorva Hajela learned Standing Counsel for the State-respondents, Sri Anurag Khanna learned Senior Counsel assisted by Sri Veerendra Kumar Shukla learned counsel for the respondent No.3 and Sri Navin Sinha learned Senior Counsel assisted by Sri Raghav Dwivedi learned counsel for respondent No. 4. Ms. Rekha Singh learned Advocate holding brief of Sri Sanjay Kumar Gupta appeared for the respondent bank. Sri Utkarsh Singh learned counsel for the petitioner in Writ-C No. 27814 of 2022 has adopted the arguments of Sri Amit Saxena learned Senior Counsel on the issue of providing opportunity of hearing at the stage of the decision by CMM/DM under Sec. 14 of the SARFAESI Act' 2002. Learned counsels for the petitioners in other connected writ petitions have also adopted the arguments of the learned Senior Counsels for the petitioners.

(2.) The common dispute raised in all the connected writ petitions is about the validity of the order passed under Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as "SARFAESI Act, 2002") by the authorized officer namely the Additional District Magistrate (Finance & Revenue), Ghaziabad, Meerut Commissionerate and the Additional District Magistrate (Finance & Revenue), Varanasi, on the ground that no notice or opportunity of hearing has been granted to the petitioners herein who are the borrowers and, thus, the orders impugned suffer from violation of principles of natural justice. Hence, they have been heard together and are being decided by this common judgment.

(3.) In Writ-C No. 22594 of 2022 (Shipra Hotels Limited and another vs. State of U.P. and 3 others), an issue with regard to the jurisdiction of the Additional District Magistrate (F.&R.), Ghaziabad has also been raised to pass such order beyond the period of 60 days prescribed in the 3 rd proviso to sub-sec. (1) of Sec. 14 of the SARFAESI Act, 2002.