Ram Surat Ram, J. - (1.) Heard Sri Shailendra Kumar Pandey, for the petitioner and Sri Surbhi Mishra and Sri R.V. Pandey, for the respondent-bank.
(2.) The writ petition has been filed against the orders of Presiding Officer, Debts Recovery Tribunal, dated 22.12.2017 passed in SA No. 629 of 2017, rejecting the application of the petitioner, for grant of interim injunction, restraining Additional District Magistrate to take physical possession of the secured assets and Additional District Magistrate, dated 31.07.2017, directing, Sub-Divisional Officer to take possession of secured assets and give to Bank of India, if necessary to take help of Police force.
(3.) M/S Kalawati Mini Rice Mill through its Proprietor Ram Chander Singh (son of Hari Shankar Singh, the petitioner) (respondent-4) applied for Term Loan of Rs. 500000/- and Cash Credit Facility of Rs. 2000000/-. Bank of India (respondent-3) granted aforementioned loan on 28.06.2010. In the loan agreement, Hari Shankar Singh (petitioner) and Sanjay Kumar Gupta (respondent-5) were guarantors. By way of security, the petitioner created an equitable mortgage by deposit of original sale deed, relating to plots 163 (area 12 dhoor) and 167 (area 6 biswa 2 dhoor) situated at village Kalwari Khurd, tahsil and district Mirzapur.;