1. By this Petition, the Petitioner challenges an order under section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”), by which, the Petitioner apprehends that physical possession of the premises would be taken away from him and forcibly.
2. Upon such a Petition, a notice was issued. The notice was issued only with regard to a query to Respondent Nos. 1 to 3 as to how the order passed on 31st December, 2012 by the District Magistrate, Thane is sought to be executed and enforced by a communication at page 108 of the paper book, namely on 11th December, 2015.
3. Can such an order remain in force and if it, can it be executed at the sweet will and fancies of any District Magistrate. Upon such a query, Mr. Singh appearing for Respondent Nos. 1 to 3 sought time to take instructions and file an affidavit. The Assistant General Manager, State Bank of India has filed an affidavit in reply, which discloses sorry state of affairs and particularly prevailing in the office of the Tahsildar and Circle Officer Bhivandi. The affidavit narrates, in para 3 as under:-
“I say that at the hearing of the Petition on 23rd December, 2015, the Hon'ble Court was pleased to ask specifically as to why inspite of the order passed by District Magistrate in 2012 has not initiated action for taking possession till date and now suddenly in December, 2015 after almost 3 years the bank has taken steps and got the notice for taking possession issued by the Tahsildar. Here it is pertinent to state that immediately once the order is passed by the District Magistrate the order copy is forwarded to the concerned Tahsildar for executing the order by issuing the Notice for possession. The bank officers follow up with the office for issuing the possession notice for execution of the order. However, most of the times the officers are asked to come later by giving excuse for not issuing the notice. For instant in the present case the officer has personally visited the office of the Tahsildar and the Circle officer appointed after passing of the order on 31.03.2012 for taking possession of the secured assets, on the following dates as under;
14.05.2012, 29.05.2012, 8.06.2012, 19.06.2012, 18.07.2012, 30.07.2012, 07.09.2012, 16.11.2012, 24.04.2014, 7.05.2014, 19.05.2014, 11.06.2014, 28.07.2014, 4.12.2014, 23.04.2015, 8.05.2015, 26.05.2015, 17.06.2015, 29.07.2015, 10.08.2015, 17.09.2015, 12.11.2015, 30.11.2015
Therefore, from the above it is not the bank that has been negligent in taking steps after the passing of the order and the delay if any in issuing the possession notice is caused from the office of the Tahsildar and the circle officer appointed after passing of the order. Further there is no. of cases pending for orders at the District Magistrate, Thane. Hereto annexed and marked as Annexure - “A” is the list of the cases pending for orders at District Magistrate, Thane.”
4. In the facts peculiar to this case and since the Petitioner has already approached the DRT Pune under section 17 of the sarfaesi act, that application is pending, we direct that for a period of four weeks from today, the order passed by the District Magistrate on 31 December, 2012 shall not be implemented and enforced, meaning thereby, the Petitioner shall not be dispossessed.
5. However, we place this matter on 17 March, 2016 only to ascertain the position and prevailing at site. We want to ascertain whether the banks are indeed facing these difficulties as narrated in the affidavit in reply and reproduced above. If it is so, then, we would be forced to direct the Collector and the District Magistrate to take legal action and initiate disciplinary proceedings against the concerned Tahsildar. Before we do so, we would like to ascertain from him whether there is any genuine reason for not assisting the bank. Hence, the matter be listed on the above mentioned date and under the caption “for directions”.
6. A complete set of the Petition and all Annexures thereto including the affidavit in reply shall be supplied by the Advocate appearing for Respondent Nos. 1 to 3 to Mr. P. G. Sawant, learned AGP, who has appeared on our request for the State.