ASHA PANDEY Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This petition has been filed seeking review of order dtd. 12/1/2024 passed in Writ Petition No.32130/2023 passed by this Court, while disposing of the petition raising grievance of non execution of an order passed u/S. 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity "SARFAESI Act"). Concluding part of order under review is as follows:-

(2.) The borrower has filed this review petition primarily on two grounds; (i) In W.P. No.32130/2023, the Bank suppressed material fact that S.A. No.1039/2023 is pending in DRT where certain interim orders were passed; (ii) In W.P. No.32130/2023, the Bank gave an impression to this Court that no outstanding amount could be recovered by Bank and therefore, it is essential to obtain the possession of assets whereas auction had already been held. 2.1. In this regard, learned counsel for review petitioner by referring to order dtd. 14/11/2023 passed in S.A. No.1039/2023 by DRT, Jabalpur submits that Rs.2,28,00,000.00 has already been deposited by auction purchaser pursuant to the auction held on 18/8/2023 and thus, need to take possession and liquidate the secured assets does not arise.

(3.) As regards the first ground of suppression, it is seen from the petition i.e. Annexure-A/2 in particular paragraph No.2, titled as "Declaration that no proceeding on the same subject has been previously instituted in any Court, authority or Tribunal", which is reproduced below for ready reference: 2. Petitioner declares that the proceeding on the instant subject matter has not been previously instituted before any Court of law. The petitioner bank has filed original application for recovery of dues before DRT Jabalpur which is pending and the respondent No.6 has filed Securitization application before DRT Jabalpur vide S.A. No.1039/2023 which is pending, however no stay is granted in their favour. E. That, the mortgage property is already sold, if possession is not been handed over to the auction purchaser, the petitioner will face irreparable loss.