JAFAR AHAMAD KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Piyush Shukla, learned counsel for the petitioner, Smt. Archana Singh, learned counsel for the respondent-Bank and the learned standing counsel for the respondents no. 1 and 2.

(2.) The petitioner is seeking quashing of the order dated 13.9.2018 passed by the Chief Metropolitan Magistrate, Kanpur Nagar whereby in exercise of powers under Sec. 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act, 2002) it has been directed that the possession of Arazi No. 983, Village Rawatpur Mauja Rawatpur, Ramlala Road, Kanpur be taken and if the possession of the secured asset is not handed over to the applicant Bank (respondent no. 3) then help of the police may be taken in this regard.

(3.) Briefly stated the case of the petitioner is that he had taken a term loan (Housing) of Rs. 2,00,000.00 on 7.2.2003 from the respondent-Bank against which he mortgaged the property in question being Arazi No. 983, Rawatpur Gaon, Mauja Rawatpur, Ramlala Road, Kanpur Nagar. It is also stated that for various reasons his scooter business did not succeed and ultimately failed, therefore, he could not deposit the loan instalment. The respondent Bank filed a suit for recovery against the petitioner being Suit No. 2689 of 2009 (State Bank of India Vs. Jafar Ahmad Khan). It is stated that the said suit is still pending in the court of ACMM, V Kanpur Nagar. It is stated that in addition the respondent Bank filed an application under Sec. 14 of the SARFAESI Act, 2002 being Misc No. 6563 of 2016 (State Bank of India Vs. Jafar Ahmad Khan) before the court of C.M.M. Kanpur Nagar in which the Bank has filed affidavit stating that no other case is pending in respect of the property in question in any court. It is stated that in the proceedings before the C.M.M. Kanpur Nagar under Sec. 14 of the SARFAESI Act, 2002, the impugned order has been passed.