RANBIR SINGH Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) Challenge in the present writ petition, filed under Article 226 of the Constitution of India, is to the order dtd. 12/4/2019 (Annexure P-10), passed by the Debts Recovery Appellate Tribunal, Delhi, vide which, interim relief qua dispossession, has been denied.

(2.) The case of the petitioners is that they were running a hotel in the mortgaged property and therefore, the denial, as such, of the interim relief, is not justified as it would displace a lot of persons. It is submitted that the petitioners have been regularly paying the amounts due, as such.

(3.) It is a matter of record that on account of the credit facility which was availed, a demand notice (Annexure P-1) was issued under Sec. 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act'), whereby an amount of Rs.2,11,23,159.00 which was due w.e.f. 21/7/2014, was served upon the petitioners. Thereafter, on 13/1/2015, possession notice was also issued under Sec. 13(4) of the SARFAESI Act. Police help was sought under Sec. 14 on 13/8/2015 (Annexure P-3).