MAHESH CHANDRA TRIPATHI, J. - (1.) HEARD learned counsel for the petitioner and Shri Sandeep Arora for the respondent -bank.
(2.) BY means of present writ petition, the petitioner has prayed for quashing the order dated 27.5.2015 passed by respondent no.1 in Appeal No.SR -49 of 2015, by which the petitioner was directed to deposit 35% of the amount claimed by the respondent no.2 in compliance of second proviso of Section 18 (1) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002). She has further prayed for direction commanding to the respondent no.1 to hear the Appeal No.SR -49 of 2015 on merit and not to take physical possession of the mortgaged property No.1046/1150, EWS Scheme, Ratan Nagar Colony, Behind Panki Power House, District Kanpur Nagar in the name of petitioner in pursuance of the order dated 27.1.2015 passed by Chief Metropolitan Magistrate, Kanpur Nagar.
(3.) IT appears from the record that the petitioner had taken a house loan of Rs.3,72,000/ - on 7.8.2006 from the respondent -bank. Due to defaults being committed by the petitioner, the loan account was declared as Non -Performing Assets by the respondent -bank. The respondent -bank issued a demand notice on 7.10.2010 for Rs.5,59,000/ - under Section 13 (2) of SARFEASI Act, 2002. After receiving 30 days' notice, the petitioner submitted a representation before the Authorised Officer on 14.11.2013 stating that the value of her property is Rs.12,00,000/ - and some person is ready to purchase the property on the said price. Thereafter the petitioner filed a Writ Petition No.64033 of 2013, which was disposed of on 22.11.2013 with direction to deposit the outstanding dues in eight quarterly instalment and to deposit Rs.50,000/ - on or before sale. The said order could not be uploaded within time. The petitioner went to the bank on 25.11.2013 to deposit Rs.50,000/ - but the official of the bank refused to accept Rs.50,000/ -. The petitioner got the aforesaid order on 2.12.2013 and submitted a representation along with the order on 7.12.2013 stating that she is ready to deposit Rs.50,000/ - as per direction of this Court but no reply was given by the respondent -bank. The petitioner filed an application for extension of time on 15.12.2013. The said application was disposed of on 17.12.2013 by extending the time for one week to deposit Rs.50,000/ - subject to confirmation of sale. The petitioner deposited the said amount on 21.12.2013. The respondent bank vide letter dated 26.12.2013 informed the petitioner that the sale dated 27.11.2013 was confirmed on 16.12.2013 in favour of auction purchaser. The petitioner filed a Securitization Application No.94 of 2014 on 6.3.2014, which was dismissed on the ground of delay on 2.3.2015. After dismissing the Securitization Application No.94 of 2014, the petitioner filed another Securitization Application No.80 of 2015 before the Debt Recovery Tribunal, Allahabad on 11.3.2015. Being aggrieved from the order dated 2.3.2015, the petitioner filed an Appeal under Section 18 of the SARFEASI Act, 2002 on 6.4.2015 before the Debts Recovery Appellate Tribunal, Allahabad. On 30.4.2015 the Chairperson of the Debts Recovery Appellate Tribunal, Allahabad directed the petitioner to file a waiver application by fixing the next date 7.7.2015.;