SUDHIR SHARMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against an order dated 12. 02. 2009 in W. P. No. 1632/09 by which the writ petition challenging the auction by respondent/bank for enforcing recovery under Section 13 (4) of the Securitization and reconstruction of Financial Assets and Enforcement of security Interests Act, 2002 (herein after referred to as `act'), was dismissed.

(2.) THE learned Single Judge found that the matter was agitated by the appellant before the District Consumer redressal Forum, Jabalpur; and District Forum vide its order dated 14. 07. 2008 (Annexure P-7) directed the builder Laxman singh Sengar for handing over possession of the constructed house to the appellant within period of 3 months in default of which, he was directed to return the amount of Rs. 3,50,000/- (Rs. Three Lacs Fifty Thousand) along with interest to the bank, but dismissed the claim of the appellant against the bank. The learned Single Judge found that the auction notice issued by the bank against the appellant can not be interfered and dismissed the writ petition.

(3.) THE appellant submitted that the respondent/bank paid amount of loan directly to the builder Laxman Singh Sengar without his consent and has initiated recovery proceedings against the appellant. Respondent No. 2 ought to have initiated recovery against respondent No. 4 who is liable for payment of the loan. Respondent No. 4 is liable to make payment of loan to the bank as possession of the house is not handed over to the appellant till today. Referring to order annexure P-7 it was submitted that after issuance of notice of this appeal to the respondent No. 4 this matter may be decided finally.