ASHOK KUMAR GAUR, J. - (1.) Instant petition has been filed by the petitioner challenging the order dt.29.01.2019 passed by the District Collector and District Magistrate, Jaipur in Application No.380/2018 filed by the respondent No.4-Shri Ram Housing Finance Limited under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short 'the Securitisation Act, 2002'). The petitioner has prayed in the writ petition that the respondent No.4-Shri Ram Housing Finance Limited may be directed not to act, take any coercive action or proceed further against the petitioner by taking possession of the petitioner's flat No.314, 3rd Floor, Aradhana Residency, Plot No.G-01, Manglam City, Hathoj, Kalwar Road, Jaipur. The petitioner has further prayed that the respondent No.4-Shri Ram Housing Finance Limited may be directed to initiate, proceed and recover all the outstanding amount from the respondent No.3 Om Prakash Bajaj and further he may be directed to pay all the cost, interest, charges and expenses to the petitioner.
(2.) The brief facts pleaded in the writ petition are that the petitioner was sanctioned a home loan by the respondent No.2 ICICI Bank Limited (vide sanction memo dated 29.11.2017) of Rs.14,80,000/- for purchase of flat No.314, 3 rd Floor, Aradhana Residency, Plot No.G-01, Manglam City, Hathoj, Kalwar Road, Jaipur. The bank after obtaining and considering the legal opinion of their panel Advocate found that title of the said property was absolutely clear and marketable and thereafter sanctioned and disbursed the loan amount to the petitioner.
(3.) The petitioner has pleaded that he initially paid an amount of Rs.20,000/- vide agreement to sell dated 10.11.2017 to the respondent No.3 Om Prakash Bajaj and after the respondent No.2 ICICI Bank Limited was fully satisfied with the title search report, it had disbursed the loan and the petitioner purchased the said flat by the registered sale-deed from the respondent No.3 Om Prakash Bajaj vide sale-deed dated 01.12.2017.;