NOOR MOHAMMAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant petition filed under Article 227 of the Constitution of India the petitioner has challenged the legality and validity of the order dated 20.08.2018 passed by the 2nd Additional District Judge, Balaghat in Misc. Civil Appeal No. 27/2018 affirming the order dated 26.07.2018 passed by the 2nd Civil Judge Class-II, Balaghat in Civil Suit No. 104-A/2018.

(2.) By the impugned orders the application filed by the plaintiff for temporary injunction restraining the defendant no.2 the Authorized Officer Central Bank of India Regional Office, Chhindwara from. attaching the property and to put it for auction.

(3.) The petitioners have filed the Civil Suit for declaration that they are the owners of the property in question and the respondents/defendants No. 4 to 8 have no share and right in the property. They also prayed for declaration that the order of the Collector dated 11.06.2018 for giving the property to the Bank is null and void and also the consequential proceedings of attachment and auction proceedings. The said application has been dismissed by order dated 26.07.2018 and thereafter the appeal has also been dismissed by order dated 20.08.2018. The Bank has published the auction notice on 10.10.2018 and the auction is scheduled to take place on 30.10.2018. It is also contended that the plaintiffs are neither the borrowers nor guarantors and therefore, the property cannot be attached and put to be auctioned under the Provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "Act, 2002").