VIJAY BISHNOI, J. - (1.) This writ petition is filed by the petitioners praying for following reliefs: "It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and i. By an appropriate writ order or direction, the impugned order dated 08.11.2017 (Annex-8) passed by the District Magistrate Jodhpur while exercising its power under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act (hereinafter to be referred as 'the SARFAESI Act ') may kindly be quashed and set aside, the respondent NBFC may kindly be directed to restore the possession of the petitioners on the property in question. ii. By an appropriate writ order or direction, the impugned notice dated 15.01.2018 (Annex-10) informing the petitioners about the auction proceedings proposed to be taken by the respondent NBFC and all further proceedings may kindly be quashed and set aside and the respondent NBFC may kindly be directed to accept the outstanding amount due on the part of petitioners and regularize/upgrade the loan account of the petitioners. iii. Any other appropriate, writ, direction or order which this Hon'ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued. iv. Cost of this writ petition may kindly be awarded to the humble Petitioner."
(2.) Facts of the case, in a nutshell, are that the petitioners took a loan of Rs.2,47,00,000/- from respondent No.2 - Aditya Birla Housing Finance Ltd. by mortgaging a house - Prem Niwas situated at 1st B Road, Sardarpura, Kumharon-ka-Mandir, Jodhpur admeasuring 146.60 square yards (hereinafter to be referred 'as the property in question'), for which an agreement was executed between the petitioners and the respondent No.2 on 29.02.2016. The account of the petitioners was declared as Non Performing Asset (NPA) on 14.06.2017 and thereafter notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (for short 'the SARFAESI Act ' hereinafter) was issued on 08.07.2017 and another notice under under Section 13(4) of the SARFAESI Act was issued on 13.09.2017 and thereafter the respondent No.2 moved an application under Section 14 of the SARFAESI Act before the District Magistrate, Jodhpur on 16.10.2017.
(3.) The District Magistrate, Jodhpur while exercising powers under section 14 of the SARFAESI Act passed the order dated 08.11.2017 and the possession of the property in question was taken by the respondents on 26.12.2017 and vide letter dated 15.01.2018, the property in question is put to e-auction to be held on 22.02.2018.;