SYNDICATE BANK Vs. RAJESH KUMAR

JUDGEMENT

(1.) The Bank, who was respondent nos. 3 to 5 in the writ application, have preferred this intra-court appeal aggrieved by the order dated 25.07.2014, passed in C.W.J.C. No. 11378 of 2014 directing for re-initiation of SARFAESI proceedings from the stage of notice 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).

(2.) Heard the learned counsel for the parties.

(3.) The writ petitioner, who is respondent no. 1 in the present appeal, had preferred the writ petition seeking the following reliefs : "...for quashing of notice dated 20.06.2014 for vacation of premises/ property of the petitioner situated at Mohalla-Nandpuri (Bhagwanpur) District-Muzaffarpur without taking recourse to the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI ACT), whereby and where under the respondent Bank has given notice to the petitioner to vacate the premises/ house/ building upto 25.06.2014 after which the bank may put its lock on the premises/seize the property on any day without any further notice observing therein is that we have initiated action under SARFAESI Act, 2002 read with SARFAESI RULES there under and taken possession of the secured assets under Sec. 13(4) of the SARFAESI ACT. Further, in terms of the provisions of the Act, the District Magistrate, Muzaffarpur has been directed for taking physical possession/ seizure of the secured assets and has directed for deputation of Magistrate and police force for the purpose vide his order dated 07.02.2014."