SANDEEP Vs. VASTU HOUSING FINANCE CORP.

JUDGEMENT

(1.) Prayer in this writ petition is for directing respondents to stay operation of notice dtd. 23/1/2024, Annexure P-1, whereby respondent seeks to take over possession of petitioner's only residential house allegedly without following the procedure contemplated under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act').

(2.) Availing of two loan facilities by petitioner from respondent no.1 i.e., Vastu Housing Finance Corporation Limited is a matter of record. It is further an admitted position that there was financial indiscipline on the part of petitioner. It is submitted that request for One Time Settlement had been submitted by petitioner. Counter offer was given by respondent no.1 and one of the accounts was closed. It is further averred in the writ petition that notice(s) under Sec. 13(2) and 13(4) of SARFAESI Act were issued to petitioner, though said notice(s) have not been attached with writ petition and neither is learned counsel for petitioner having copy thereof with him. It is submitted that communication dtd. 23/1/2024, Annexure P-1, from Tehsildar Julana to Superintendent of Police, Jind, for taking over possession of property in question is absolutely illegal, arbitrary displaying total non application of mind. Procedure established by law, it is contended has not been followed by respondents, therefore this writ petition be allowed.

(3.) We have heard learned counsel for petitioner and have perused the file with his able assistance.