MAA KALIKA BHANDAR Vs. COLLECTOR AND DISTRICT

JUDGEMENT

(1.) This common order shall dispose of both the aforementioned writ petitions as they involve similar facts and identical questions of law.

(2.) The Writ Petitions numbered W.P.(C) No.27775 of 2021 and W.P.(C) No.26500 of 2021 are taken up together as they involve a common question and prayer i.e. an opportunity must have been provided by the DM/Collector while taking possession of the mortgaged property under Sec. 14 of the SARFAESI Act, 2002 (Hereinafter, "Act, 2002"). W.P.(C) No.26500 of 2021

(3.) The relevant facts of the Writ Petition numbered W.P.(C) No.26500 of 2021 is set out in brief hereunder. The Petitioner No.1 i.e. M/s. Maa Kalika Bhandar availed a cash credit loan of Rs.22.50 crores from the Opposite Party No. 5/ Punjab National Bank on 25/6/2016. The said loan was availed by mortgaging an immovable property under the ownership of Petitioner No. 3 i.e. Jay Kumar Jajodia. Due to financial indiscipline, the said loan account was declared NPA on 31/1/2018. A demand notice under Sec. 13 (2) of the SARFAESI Act, 2002 was issued on 13/2/2018 recalling outstanding liability of Rs.22,14,25,096.45(Twenty Two Crores Fourteen Lacs Twenty Five Thousand Ninety Six Fourty Five Paise) and symbolic possession of the property was taken vide a notice dtd. 17/4/2018 under Sec. 13 (4) of the Act, 2002. Further, the property was auctioned on 12/3/2019 wherein the Opposite Party No.4/Auction purchaser i.e. MGM Minerals Pvt. Ltd. was declared as the highest bidder and consequently, sale certificate has been issued in its favour owing to complete deposit of the whole bidding amount. Consequently, a challenge was laid to the said auction vide S.A No.41 of 2019 in the DRT by the petitioner, which has been admitted. Further, the 2ndAdditional Civil Judge (Senior Division), Bhubaneswar and the Civil Judge (Senior Division), Bhubaneswar have passed an interim order to maintain status- quo over the disputed property. The dispute arose when the Opposite Party No. 1/ DM/Collector in Bank Misc. Case No.78 of 2018 passed an order dtd. 19/8/2021 on the application filed by the Opposite Party/Bank instructing the Police to help in acquiring the physical possession of the mortgaged property. W.P.(C) No.27775 of 2021