ANSHU AGRAWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manish Trivedi, learned counsel for the petitioner, Sri Ashish Agrawal learned counsel for the Respondent-Bank and Sri B.P. Singh Kachhawah, learned Standing Counsel for the State. Let Additional District Magistrate (Finance and Revenue), District Varanasi be impleaded as Respondent No.3, today itself.

(2.) The present writ petition has been filed mainly for the following relief:-

(3.) Having heard learned counsel for parties and perused the record, it transpires, the petitioner is the auction purchaser of a secured asset bearing House No.8/335, Khajuri, Shivpur, District Varanasi (hereinafter referred to as the 'secured asset'). It was put up for auction by the respondent-Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to the Act) for recovery of its dues against a home loan advanced to one Indu Bhushan Jaisawal and Smt. Kalawati Jaisawal, to the tune of Rs.7,79,279.00, on 30/11/2005. Upon default in repayment of that loan, the respondent-Bank resorted to proceedings under the Act. The auction of the secured asset itself took place on 9/1/2018. The petitioner made the highest bid at that auction at Rs.29.61 lacs. It was accepted. Admittedly, that amount was paid by the petitioner in accordance with law. A Sale Certificate came to be issued to the petitioner on 28/1/2018. A copy of the same has also been annexed to the writ petition as Annexure-2.