LAWS(P&H)-2025-1-132

KRISHAN KUMAR Vs. STATE OF HARYANA

Decided On January 29, 2025
KRISHAN KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner has sought quashing of the order dtd. 2/1/2025 (Annexure P-6) passed by the Chief Judicial Magistrate, Rewari, under Sec. 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act').

(2.) Learned counsel for the petitioner submits that the petitioner had entered into an agreement to sell on 22/12/2017 with the private respondents with respect to the property which is the subject matter of the proceedings under SARFAESI Act. The petitioner had preferred a civil suit in the year 2021 and an interim order staying the alienation of the property had been passed on 26/2/2021 (Annexure P-5). He, therefore, submits that as the petitioner is the bonafide purchaser, he ought to have been protected from the proceedings under the SARFAESI Act.

(3.) Heard.