The present writ petition has been filed by the petitioner seeking quashing of the impugned undated order (Annexure P-7) whereby the respondent-bank has issued notice under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 for on-line auction of his property. Further prayer of the petitioner is for issuance of directions to the respondent-bank for granting more time to settle the outstanding amount towards him as due to fire accident the whole shop including the stock lying therein got destroyed and his insurance claim is pending before the National Consumer Forum, Delhi. This Court on 18.12.2020 passed the following order:-
A fresh notice under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, has been issued in November, 2020 by the Canara Bank (successor of the Syndicate Bank) seeking to recover a sum of ` 28,33,000/- (approximately). It is submitted that the said liability is in a Cash Credit Limit Account operated for running the business in a shop, which was totally destroyed in a fire incident in the year 2013, and a claim of ` 40 lacs from the insurance company is pending final adjudication before the National Consumer Forum, Delhi. Learned counsel, to show the bonafide of his client, prays for a short accommodation. List on 23.12.2020 for further consideration.
The petitioner was required to arrange some money to show his bonafide. On the previous date also more time was sought. Learned counsel for the petitioner at the time of hearing today submits that the petitioner has not been able to arrange money to show his bonafide. Further, on the instructions of his client, learned counsel prays for grant of permission to withdraw the present writ petition. Dismissed as withdrawn. (
Jaswant Singh) Judge 18.1.2021 (Sant Parkash) vs Judge Whether speaking/ reasoned Yes/No Whether Reportable Yes/No