UPENDRA PATHAK Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The present order is being passed with consent of the parties.

(2.) The present writ petition has been filed for quashing the notice issued by the respondent- Allahabad Bank dated 24.07.2018 under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as the SARFAESI Act, 2002).

(3.) The learned counsel for the petitioner has submitted, by referring to the earlier order of this Court dated 27.08.2012 passed in C.W.J.C. no. 14945 of 2012, that earlier also, a notice under Section 13 (2) of SARFAESI Act, 2002 was issued to the petitioner, whereafter the Bank had taken action under Section 13(4) of SARFAESI Act, 2002 which was challenged and this Hon'ble Court by an order dated 27.08.2012, passed in C.W.J.C. no. 14945 of 2012 had quashed the said action and had directed the Bank to consider the objection of the petitioner under Section 13(3) of SARFAESI Act, 2002 and pass orders thereupon. It is complained that instead, the Bank has issued a fresh notice under Section 13(2) of SARFAESI Act, 2002 dated 19.01.2018 without taking the earlier proceedings, initiated by issuing notice under Section 13(2) of SARFAESI Act, 2002 dated 10.01.2012, to its logical conclusion. It is thus submitted that the action of the Bank is contrary, not only to the provisions of SARFAESI Act, 2002 and in defiance of the Principles of Natural Justice, but also in defiance and disobedience of the earlier order of this Court dated 27.08.2012, passed in C.W.J.C. no. 14945 of 2012.