SHREE CHANDRASHEKHAR, J. - (1.) SEEKING a direction upon the respondents not to take coercive steps against the petitioner till the disposal SARFAESI Appeal No. 94 of 2014, the present writ petition has been filed.
(2.) THE petitioner was granted Cash Credit of limit for Rs. 85 Lacs and Term Loan for Rs. 12 Lacs by the respondentAllahabad Bank however, the petitioner failed to repay the same. A notice under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was issued on 01.02.2014. A notice of possession under Section 13 (4) of the Act was thereafter, issued on 15.04.2014 and the same was published in the daily newspaper on 17.04.2014. Challenging the proceeding initiated by the aforesaid notices under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the petitioner approached the Debts Recovery Tribunal, Ranchi by filing SARFAESI Appeal No. 94 of 2014. In the proceeding of SARFAESI Appeal, the respondentAllahabad Bank filed a written statement stating that the aforesaid proceeding initiated against the petitioner has been withdrawn and the same has been communicated to the petitioner vide letter dated 12.12.2014.
(3.) THE learned counsel for the petitioner submits that, though a statement was made by the respondentAllahabad Bank in the proceeding of SARFAESI Appeal No. 94 of 2014 however, a perusal of order dated 05.01.2014 would disclose that the aforesaid proceeding was not withdrawn by the respondentAllahabad Bank and therefore, a direction was issued by the Tribunal to the respondentAllahabad Bank for withdrawing the proceeding under Section 14 of the Act. Per contra, the learned counsel for the respondentAllahabad Bank submits that, as a matter of fact, the earlier proceeding initiated against the petitioner vide, notice dated 01.02.2014 has since been withdrawn and subsequently, a fresh notice under Section 13 (2) has been issued on 24.12.2014. It is stated that notice under Section 13 (4) has already been issued on 04.03.2015 which has been published in the daily newspaper dated 09.03.2015.;