Chandigarh
7 February 2018
Kulbir singh kalsi
Advocates Gaurav Goel & Anandeshwar Gautam has filed 2 writ petitions on behalf of State Bank of India highlighting the immense difficulties being faced by banks to recover their dues which is being stalled by the defaulting borrowers in connivance with the Tehsildars/Executive Magistrate & SHO’s despite appropriate orders issued by the appropriate authorities under law.
High Court seeks clarification from Tehsildar & SHO of both Rajpura & Mandi Gobindgarh for their failure to implement the orders.
It is a prevalent modus operandi for the defaulting borrowers to obtain orders from Civil Courts/Rent Controller by filing frivolous petitions without impleading the banks as necessary parties to the proceeding. They obtain stay orders from the Civil Court despite the fact that jurisdiction of Civil Courts/ Rent Controller is barred by the statuary provisions under SARFAESI Act, 2002.
In the writ petitions filed by Advocates Gaurav Goel & Anandeshwar Gautam the State Bank of India in order to recover its dues which is more than 8 crores has obtained the DM orders from the concerned Distt.Magistrates way back in March, 2017. Though the said order was to be implemented within the stipulated period by the Tehsildar’s/SHO’s of both the Distt. of Patiala & Khanna but they have failed to fulfil the mandate of law for delivering the physical possession of the mortgaged properties in favor of bank.
The relevant portion of the order of the High Court categorically states as:-
“Respondent Nos.3 & 5 are directed to remain present in Court and explain as to why the order dated 31.03.2017 passed by the District Magistrate, Patiala under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has not been implemented.”
The Tehsildars/SHO’s of the concerned area shall be present in person to explain their failure in executing the orders.
