- (1.) HEARD Shri Ravi Kant, the learned Senior Counsel, assisted by Shri kushal Kant, the learned counsel for the petitioners, Shri Siddharth, the learned counsel for respondent Nos. 3 and 4, and Shri shashi Nandan, the learned Senior counsel, assisted by Shri Pradeep Kumar, and shri Ashutosh Srivastava, the learned counsel for the auction purchaser (respondent no. 5 ).
(2.) THE respondent Bank filed a claim application in the year 2004 before the Debts recovery Tribunal for recovery of Rs. 14,97 crores plus interest. During its pendency, a demand Notice dated 30th September, 2005 was issued under Section 13 (2) of the securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the Act) for Rs. 4,57,04,195. 24 plus penal interest. It was alleged in the said notice that the petitioners were required to discharge their liabilities within sixty days and, in the meanwhile, the petitioners were restrained from dealing with the secured assets, in any manner, whatsoever. The secured assets, which was mentioned in the notice, were, plot Nos. 191 and 192 in Village Mangtai, bodla Bichpur Road, Agra, and Plot No. 79, in Block A, Sector II, NOIDA.
(3.) THE petitioners submitted their reply to the notice on 11th November, 2005, denying any liability to pay, and contended that no amount was due or payable by them, and that, the notice was liable to be withdrawn. On 16th of December, 2008, a possession notice under Section 13 (4) of the Act was issued, intimating the petitioners that possession of Plot Nos. 191 and 192 in Village mangtai had been taken. Pursuant to the said notice, a publication was made in the newspaper 'dainik Jagaran' published from agra on 21st December, 2008.;