- (1.) Heard Sri S.K. Mishra, learned counsel for the petitioners, the learned standing counsel for the State-respondents and Sri Vivek Mishra, learned counsel for the respondent No.6.
(2.) Petitioners have filed the present writ petition praying to quash the order dated 02.09.2019 under Section 14 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (the SARFAESI Act) passed by the District Magistrate, Prayagraj and the consequential letter dated 13.10.2020 issued by the Additional District Magistrate (II), Prayagraj. The petitioners have also prayed for a writ, order or direction in the nature of mandamus to direct the respondents not to interfere in peaceful possession of the petitioners over House No.114/B/3, Umarpur Niwa, Sulemsarai, Allahabad during pendency of the SARFAESI Application No.29 of 2020 (Ajay Kumar vs. State Bank of India), pending before the Debt Recovery Tribunal at Allahabad.
(3.) Briefly stated, facts of the present case are that the petitioners are borrowers who took a housing loan of Rs.3,50,000/- on 30.07.2004 from the respondent No.6 - Bank. The petitioners defaulted in payment of instalments. Consequently, notice under Section 13(2) of the SARFAESI Act was issued and thereafter proceedings under Section 13(4) were initiated and an order under Section 14 of the Act was passed by the District Magistrate on 02.09.2019. Consequently, sale notice dated 03.10.2020 was issued and the auction was conducted on 05.11.2019. Aggrieved with the sale notice and the auction, the petitioners filed the SARFAESI Application No.29 of 2020 under Section 17(1) of the Act, before the Debt Recovery Tribunal, Allahabad (the DRT Allahabad) in which the DRT Allahabad passed an order on 15.01.2020, as under: "This S.A. Has been filed by the Applicant on 07.01.2020 U/s 17(1) of the S.A.R.F.A.E.S.I. Act, 2002 challenging the action of the Respondent Bank initiated against the secured asset which Include Sale Notice dated 03.10.2019 as well as auction dated 05.11.2019 and consequential /subsequent proceedings thereof for recovery of Rs.6,73,697.88ps. alongwith interest together with expenses/charges etc. I have heard the Ld. Counsel for the Applicant and perused the S.A. as well as the documents annexed alongwith it. Let notice be Issued to Respondent Bank for inviting reply, if any. The Applicant is directed to take steps for service of summon alongwith complete paper-book upon Respondent Bank through Registered A.D. Cover /Speed Post A.D. Cover as well as Dasti mode against acknowledgement. The Applicant is further directed to file proof of service of both mode including Tracking Report of Postal Authority & personal acknowledgment along-with affidavit before the next date fixed. Respondent Bank is directed to file detail reply to the S.A. & I.A, along-with affidavit with relevant documents in support, if any, within 15 days from the date of service of summon with an advance copy to the opposite counsel. Thereafter, the Applicant may also file Rejoinder, if any, before the next date of hearing with an advance copy to the opposite counsel. Be listed on 06.02.2020 s at 10.30 A.M. for arguments." ;