BLUEFERN VENTURES (P) LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Jorgay Namka, learned counsel appearing for the petitioners. Also heard Mr. Sudesh Joshi, learned counsel appearing for respondent nos.3 and 4 as well as Mr. S.K. Chettri, learned Assistant Government Advocate, Sikkim appearing for respondent no.2. None appears for Union of India, respondent no.1.

(2.) By filing this petition under Article 226 of the Constitution of India, the petitioners pray for setting aside a notice dated 18.01.2017 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "SARFAESI Act"), a notice dated 19.12.2017 issued under Section 13(4) of SARFAESI Act and a possession notice dated 16.01.2018 issued by the Authorised Officer under Section 13(12) of SARFAESI Act read with Rule 9 of Security Interest (Enforcement) Rules, 2002, for short, the Rules. Prayers are also made for a direction to respondent no.1 to set up a Debt Recovery Tribunal (DRT) at Gangtok, Sikkim and in the interim, to assign the DRT, Siliguri to deal with the cases pertaining to the State of Sikkim as well as for a probe against the Branch Manager, respondent no.3, for making the loan accounts of the petitioners as Non Performing Assets (NPA).

(3.) It is averred in the petition that notice under Section 13 (2) was not served upon the petitioners and they came to learn about the aforesaid notice in the month of December 2017 when petitioner no.2 was served with the notice under Section 13(4) of the SARFAESI Act.