BULBULI KUNDU Vs. ALLAHABAD BANK & ORS

JUDGEMENT

(1.) The petitioner is a purchaser of an immovable property in an auction conducted by a secured creditor under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (Act of 2002). The petitioner complains that, the petitioner has not been put into possession of the immovable property till date. He seeks suitable direction upon the Bank.

(2.) The State, Bank and the private respondents are represented.

(3.) Learned advocate for the Bank submits that, application made to the District Magistrate under Sec. 14 of the Act of 2014 is yet to be disposed of. Consequently, the bank is not in a position to make over the actual physical possession of the secured asset to the purchaser. He seeks a direction upon the District Magistrate to dispose of such application. He relies upon ( ITC Limited Vs. Blue Coast Hotels Limited & Ors., 2018 15 SCC 99) and (Hindon Forge Private Limited & Anr. Vs. State of Uttar Pradesh through District Magistrate, Ghaziabad & Anr., 2019 2 SCC 198) in support of his contentions.