FEROZ ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for quashing the "Auction Sale Notice" published in daily Hindi Newspaper "Hindustan" on 4th of May, 2013 fixing a date for auction of the sale properties on 05.06.2013.

(2.) Being aggrieved by the aforesaid notice, the petitioner seeks a writ of certiorari for quashing the same, as according to him, it has been issued against the settled principles of law and the provisions of the SARFAESI Act.

(3.) Learned counsel appearing on behalf of the petitioner submits that the petitioner had applied for sanction of housing loan amounting to Rs. 5 lakhs from the respondent-Bank but the Bank had disbursed only Rs. 4.5 lakhs and the terms and conditions, as fixed by the Bank, was an installment of Rs. 5,000/- per month for 15 years so as to liquidate the borrowed amount. It is further submitted that due to certain unforeseen circumstances, the petitioner could not continue payment of the installment amounts and, therefore, in the year 2011-12, a Certificate Case No. 1/11-12 was filed by the Bank. It is further submitted that the petitioner filed his objection in the said certificate case before the respondent-Bank. It is further submitted that the petitioner has also received notice under Section 13(2) of the SARFAESI Act to which he filed his objection but before the same could be disposed off, the respondent-Bank had proceeded to issue notice under Section 13(4) of the said Act. In pursuance of the said possession notice, the petitioner came to this Court in the year, 2012 vide CWJC No. 20595 of 2012 which was disposed off on 14.03.2013. The operative portion of the order passed in the aforesaid writ application reads as hereunder.