GOUTAM SAHA Vs. ICICI HOME FINANCE CO

JUDGEMENT

(1.) The petitioner seeks a direction upon ICICI Bank and its successor-in-interest being Asset Reconstruction Company (India) Ltd. (in short 'Arcil') to invoke provisions of Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in order to make over possession of the entirety of the property sold by ICICI Bank to the petitioner.

(2.) Learned advocate appearing for the petitioner submits that, the petitioner purchased an immovable property from ICICI Bank under the provisions of the Act of 2002. The petitioner was put into possession of the property concerned. The petitioner was given to understand that, the property was vacant at the time of sale. However, upon the petitioner coming into possession of the property, the petitioner found that, a portion of the property was occupied by a Hotel, which is owned by the borrowers. The private respondents are the borrowers. The private respondents are refusing to vacate the property. According to her, the sale is yet to be completed since, the secured creditor is yet to take proceedings under Sec. 14 of the Act of 2002 and make over actual physical possession sold to the petitioner. She relies upon (ITC Limited Vs. Blue Coast Hotels Limited & Ors., 2018 15 SCC 99 ) in support of her contentions.

(3.) Icici Bank and respondent nos.3 to 5 are represented.