NAVEEN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Pt. Nawin Sharma (the petitioner) in person, Sri Ishan Shishu for respondent -1 and Sri Sanjeev Singh for respondents -2, 3 and 4. The writ petition has been filed for issuing a writ of prohibition, prohibiting respondents -2 to 4 from proceeding under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as the Act), till the pendency of the Writ Petition No. 53112 of 2013 and Criminal Contempt Application No. 13 of 2014.

(2.) IT appears that the petitioner took loan from Union Bank of India, Branch A.D.A. Jaipur House, Agra. On default being committed in payment of instalments of loan by the petitioner, the Bank started proceedings under the Act. The petitioner filed Writ Petition No. 53112 of 2013 challenging the constitutional validity of the Act. In this writ petition the respondents put appearance and the Court by order dated 9.10.2013 granted four weeks time for filing counter -affidavit. The contesting respondents filed counter -affidavit on 27.10.2013. In paragraph 5 of the counter -affidavit, the contesting respondents stated that due to default being committed in payment of instalments, a notice under section 13(2) of the Act was issued to the borrower.

(3.) HOWEVER , subsequently, a fresh notice dated 4.3.2014 under section 13(2) of the Act was issued to the petitioner, indicating therein that a sum of Rs. 9,33,334/ - together with interest from 1.3.2014 at the rate of 12.50% per annum was due against him. The petitioner then sent another letter dated 10.3.2014 through Speed Post, stating therein that as the dispute was sub judice before the High Court, Allahabad as such the notice dated 4.3.2014 was in disregard to the proceeding pending before the High Court. He thereby called upon the Branch Manager of the Bank to show cause within forty eight hours as to why proceeding for criminal contempt would not be initiated against him. The reply of the aforesaid letter was sent by the Counsel of the Bank on 19.3.2014. The petitioner thereafter filed Criminal Contempt Petition No. 13 of 2014, which was directed to be listed alongwith Writ Petition No. 53112 of 2013 on 10.7.2014 by order dated 29.5.2014.