JYOTI TOMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) In this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality, validity and propriety of the order dtd. 18/8/2021(Anexure-P/5) passed by the respondent No.2 by which the proceedings under Sec. 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(herein after referred to as . "the Act of 2002")have been initiated against the property owned by the petitioner.

(3.) The brief facts leading to filing of the case are that the petitioner had purchased the house in question situated at House No.6, Bholenath Colony, village Sitapur, Pargana, Tehsil and District Indore(M.P.) vide registered sale-deed dtd. 30/5/2017 from the respondent Nos.3 and 4. After execution of the registered sale-deed, the respondents No.3 and 4 mortgaged the said house to the respondent No.2 without having any title in the property whatsoever and obtained loan from the Bank. The Bank without any verification took the property under mortgage from the respondents No.3 and 4 for which the petitioner cannot be made to suffer. A private complaint has also been filed against the respondents No.3 and 4 to show their bonafides. The petitioner also submitted a complaint against the respondent No.2/Bank before the Banking Ombudsman. However, no action was taken either by the police authorities or by the banking ombudsman, therefore, the petitioner had filed a private complaint before the learned Judicial Magistrate First Class, Indore(M.P.) which is pending adjudication. Even after issuance of notice and preferring of the private complaint, the respondent No.2 has affixed a notice under Sec. 13(2) of the Act on the property owned by the petitioner on 6/4/2022. The petitioner preferred a representation before the Bank requesting the Bank to consider the factual aspect of the case. However, no head has been paid by the respondent No.2. Hence, this petition.