Final Order 2

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, NORTH-
WEST DISTRICT, ROHINI COURTS, DELHI
Ct. Case No.723/2025
Central Bank of India .....Petitioner
VS.
Santosh Beniwal & Ors. .....Respondents
ORDER ON APPLICATION FILED UNDER SECTION 14 OF
SECURITISATION AND RECONSTRUCTION OF FINANCIAL
ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT,
2002.
27.01.2025
Fresh application under Section 14 of SARFAESI Act
received. It be checked and registered.
Present: Mr. Ranjan Rajput, ld. Counsel for the applicant along with
AR Sh. Ram Shanker Mishra.
Submissions are heard.
Original record are produced. Perused and returned.
1. The present is an application filed under section 14 of the
Securitisation and Reconstruction of Financial Assets and enforcement
of Security Interest Act. 2002 (SARFAESI Act), which has since been
amended vide the Enforcement of Security Interest and Recovery of
Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016
(12.08.2016).
2. The petitioner being a secured creditor seeks assistance of
the undersigned in taking possession and control of the secured asset,
Page No. 1 of 6
-- 1 of 6 --
which is stated to be within the territorial jurisdiction of the
undersigned. The respondents are stated to be the borrowers/
guarantors/mortgagors within the contemplation of SARFAESI Act. It
is submitted that the property as mentioned in the application is a
secured asset upon which security interest was created by the
borrowers to secure repayment of the financial assistance extended by
the petitioner/applicant. The borrowers committed default in
repayment of the financial assistance and their account was classified
as non-performing asset. Subsequently, statutory notice in writing
under section 13(2) of SARFAESI Act was served upon the borrowers
requiring them to discharge their liability in full within sixty days, also
detailing the amount payable and the secured assets intended to be
enforced in the event of non-payment of secured debts.
3. It has been informed that despite service of notice, no
objection or representation was received by the petitioner from
anyone. However, the borrowers have failed to make the payment
despite lapse of stipulated period.
4. It is then submitted that there is no stay by any competent
court or forum in favour of the respondents.
5. It may be noted that the property is stated to be in
possession of the borrowers / guarantors and not favour of any lessee
(under any valid or invalid or doubtful lease) or any other person.
6. After insertion of Section 17(4A) which provides that DRT
has powers to decide the claims of tenancy or leasehold rights over a
secured asset, CJM has no jurisdiction to go into the question as to
Page No. 2 of 6
-- 2 of 6 --
who is presently in physical possession of the property in question.
Reliance being placed on the judgment passed by the Hon'ble High
Court of Delhi in Cholamandalam Investment and Finance Company
Limited vs. Rajeev Chawla & Anr. dated 22.10.2021.
7. The original documents have been perused as mentioned in
the application and as supported by the affidavit as required by the
first proviso to section 14(1) of SARFAESI Act. It states that all the
provisions of SARFAESI Act have been complied with by the
petitioner.
8. The property (secured asset) is an immovable property
described as "Brief description of the immovable / movable properties:
All that part and parcel of built - up property with roof rights and
thereon, built on house bearing no.257, out of Khasra no.502/348,
Village - Pitampura, Delhi-110034. Admeasuring covered area 54.00
square meter. Property in the name of Mr. Satpal Beniwal S/o late Sh.
Hari Singh and Mr. Santosh Beniwal. W/o Sh. Satpal Beniwal.
Boundaries: East - other property, West - Gali, North - Gali, South -
other property". The description is same in security agreement and the
title documents. It is within territorial jurisdiction of this court. It is
stated to be in the name of respondent. The original title documents
and copies of previous chain of documents in respect of said property
are with the petitioner thereby creating an equitable mortgage. The
amount due is not less than twenty percent of the principal amount and
interest as per clause G) and the property is not the one hit by other
clauses of section 31 of SARFAESI Act. Sixty-days' notice given
under section 13(2) of SARFAESI Act has been seen, giving details of
outstanding amount and details of secured asset, along with original
postal receipt and the newspaper publication. The petitioner states that
no objections have been received from anyone and that the borrower
Page No. 3 of 6
-- 3 of 6 --
has failed to repay the outstanding amount in full.
9. As all such requirements have been fulfilled, it becomes
mandatory for the undersigned being the Chief Judicial Magistrate to
order taking possession of the assets mortgaged with the petitioner and
the documents related thereto, and forward the same to the secured
creditor. As per section 14, the court may take or cause to be taken
such steps as use of cause to be used such force as may be necessary.
10. In view of this position, I hereby appoint Advocate Mr.
Pawan Kumar Chatterjee, Office Seat No.80, P.S. Rethi Block, Near
Tehsil Building, Tis Hazari Courts, Delhi-110054, M. No. 9350913079
as Receiver to take the physical possession of the secured asset, that is,
immovable property described as "Brief description of the
immovable / movable properties: All that part and parcel of built - up
property with roof rights and thereon, built on house bearing no.257,
out of Khasra no.502/348, Village - Pitampura, Delhi-110034.
Admeasuring covered area 54.00 square meter. Property in the name
of Mr. Satpal Beniwal S/o late Sh. Hari Singh and Mr. Santosh
Beniwal. W/o Sh. Satpal Beniwal. Boundaries: East - other property,
West - Gali, North - Gali, South - other property".
11. The Receiver shall give possession notice to the
Authorized Officer of the secured creditor and the borrower, to be
served personally / speed post at least fifteen days in advance. A copy
of such fifteen-days' advance notice shall also be affixed on the main
door or other conspicuous part of the said property. A copy of this
order be also affixed along with such notice and photographs be also
taken as proof of the same.
Page No. 4 of 6
-- 4 of 6 --
12. After expiry of the notice, the receiver shall take aforesaid
possession of the property. The entire proceedings shall be recorded,
photographed or video-graphed as per the demand of the situation.
The Receiver shall be empowered to break open the locks, doors,
windows, shutters and to remove any other kind of obstruction, if
required, for taking possession of the property. In such eventuality, the
Receiver shall prepare an of the inventory articles found lying therein,
which shall be duly signed by the witnesses. Copies of the inventory
shall be handed over to the borrowers if present at the site under
acknowledgment and also to the Authorized Officer of the petitioner.
13. After taking over the possession of the aforesaid assets, the
Receiver shall forward the same to the petitioner through its
authorized officer. The Receiver shall exercise all due care and caution
and not to violate the orders of any Court of forum relating to the
aforesaid property.
14. The petitioner shall furnish all necessary details to the
Receiver and would extend full co-operation for the purpose of
execution of this order. The SHO of the concerned PS is also directed
to provide police assistance to the Receiver to ensure smooth
execution of this order.
15. The fee of the Receiver is fixed at Rs.45,000/- (Rupees
Fourty Five Thousand) which should be paid in advance within 07
days from today. All miscellaneous and incidental expenses shall be
borne by the petitioner. TDS, if any, shall not be included in the
Receiver's Fee.
Page No. 5 of 6
-- 5 of 6 --
16. The Receiver shall file his report along with photographs/
video, CD, documents if any, inventory prepared if any, immediately
after execution of order.
17. For removal of doubts, it is made clear that
objections/applications, if any, may be preferred by any borrower,
guarantor, mortgagor, lessee or any other aggrieved person before the
Debt Recovery Tribunal having jurisdiction, as per the amended
provisions of section 17 of SARFAESI Act.
18. A copy of this order be given to the petitioner bank and the
Receiver. Reader/Ahlmad of this Court is directed to inform
telephonically the Court appointed Receiver.
19. No further proceedings are required by the undersigned on
this application. File be consigned to the Record Room.
Announced in open Court
on 27th January, 2025 (VASUNDHRA CHHAUNKAR)
Chief Judicial Magistrate,
North-West District, Rohini Courts, Delhi
Page No. 6 of 6
-- 6 of 6 --