RAM MEHAR Vs. DISTRICT MAGISTRATE, PANIPAT

JUDGEMENT

(1.) The petitioners assail the possession notice dated Nil issued by the Phoenix ARC Private Limited, the second respondent, under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the Act of 2002'). It is their case that they were not served a demand notice under Section 13(2) of the Act of 2002 by Bajaj Finance Limited, the third respondent, from whom they had availed loan facilities. They contend that the second respondent, having stepped into the shoes of the third respondent, straightway issued the impugned possession notice.

(2.) However, perusal of the impugned possession notice shows that reference was made therein to demand notice dated 06.09.2019 issued to the petitioners.

(3.) Mr. Vinod Khunger, learned counsel for the petitioners, would strenuously assert that the said demand notice was never received by them.