Final Order 3

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. VASUNDHRA CHHAUNKAR,
LD. CHIEF JUDICIAL MAGISTRATE, NORTH-WEST DISTRICT,
ROHINI COURTS, DELHI
Ct. Case No.21764/2025
Bank of Baroda .......Petitioner
Vs.
Gaurav Kumar …..Respondent
ORDER ON APPLICATION FILED UNDER SECTION 14 OF
SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND
ENFORCEMENT OF SECURITY INTEREST ACT, 2002.
22.09.2025
The Ld. CJM has been promoted from DJS to DHJS vide
notification no.F.6/27/2025-Judl./Suptlaw/1512-1518 Dated 22, August,
2025.
Present: Mr. Siddharth Kumar, ld. Counsel for the applicant along with AR
Sh.Manasa Ranjan Behera.
Submissions are heard.
Original record are produced. Perused and returned.
1. This is an application under Section 14 of the Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interest
Act, 2002 (hereinafter referred to as “the Act”) moved by the
applicant/secured creditor seeking attachment of “NISSAN DATSUN REDI
GO T COLOUR WHITE VEHICLE NO.DL14CF5706 ENGINE
NO.B4AA403E025072 CHASSIS NO.MDHFBACD0M4420754 FUEL
TYPE PETROL” (hereinafter referred to as “the asset”).
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2. Affidavit of the authorized officer of the secured creditor, as
required by proviso of section 14(1) of the Act, has also been filed.
3. Section 14 of the Act enjoins the Chief Judicial Magistrate to
pass ‘suitable orders’ for taking possession of the secured asset and to
forward it to the secured creditor. It further vests the Magistrate with powers
to take all necessary steps and to use force for compliance of its order.
4. The application duly supported by the affidavit and documents,
demonstrate that the respondents had availed financial assistance from the
applicant and had created security interest on the asset. Respondents
defaulted in repayment of the loan and the loan account was declared non-
performing asset. The respondents failed to pay the outstanding loan amount
even after receiving notice under section 13 (2) of the Act which afforded a
period of sixty days to do so. As per affidavit of AR of Bank, there is no
pending objection or representation of the respondents and that the secured
asset is not under possession of a lessee under a valid lease made prior to
creation of mortgage.
5. Accordingly, the application of the secured creditor/applicant is
allowed. Advocate Mr. Sachin Kumar, Enrollment No. D/1753/2022,
Chamber No.721, Rohini Court, Delhi-110085, M. No.7289810171 is
appointed to take possession of the asset and to forward it to the secured
creditor.
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6. For securing compliance of this order, receiver may obtain the
assistance of the police and take such other steps and use such force as is
found necessary. Police shall render assistance and provide adequate force
for protection of the receiver and of the bank employees involved in
recovery of the asset. Advocate Mr. Sachin Kumar is empowered to break
open locks in case the asset is found locked and in that eventuality he shall
prepare an inventory of the articles lying therein. He shall then hand over
copy of the inventory, duly signed by him and witnesses, to the borrowers
(if present on the site) and another copy so signed shall be filed in court with
his report. While executing these directions, he shall observe caution not to
violate orders of any court or forum in respect of the aforesaid property. Her
fee is fixed at Rs.20,000/- (Rupees Twenty Thousand). Same shall be
payable at the time of taking over possession of the asset. Miscellaneous
expenses, if any, in carrying out this order shall be borne by the secured
creditor. All the aforesaid terms are acceptable to the applicant.
7. Report of compliance of the abovestated directions shall be filed
in the court within one month from today. Objections, if any, by
whomsoever concerned should be made before the Debt Recovery Tribunal
and no objection would be entertained in this Court.
8. If the recovery proceedings are stayed by order of Debt Recovery
Tribunal or other forum, and in case the stay order is subsequently vacated
or the applicant is granted liberty to recover possession of the property, the
mandate of the receiver to recover possession would stand extended and he
shall be at liberty to recover possession of the secured asset and to hand it
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over to the applicant bank notwithstanding the expiry of aforesaid period of
one month. For this purpose, the applicant bank may itself contact the
receiver and the receiver shall recover possession on the same terms as are
mentioned in this order. There shall be no need for the applicant bank to
approach this court for extension of time or other directions. However if the
applicant bank, of its own, decides not to recover possession, it shall apply
to this court to terminate the mandate of the receiver and it shall not be
lawful for it to itself instruct the receiver to refrain from or to delay the
recovery of possession. In case there is delay on the part of the applicant in
compliance with this order, the same shall be explained by the applicant
bank by affidavit of the authorized officer.
9. Nothing stated in this order shall be construed as a finding of
liability or a judicial determination of the issues in contention between the
parties.
10. Since the directions sought by the applicant have been passed,
nothing survives in the matter. Let file be consigned to record room after
receiving compliance report. Two copies of the order be given dasti to
counsel for applicant with directions to deliver one of the copies to receiver
within ten days from today.
Announced in the open Court
on 22nd September, 2025
(Vivek Beniwal)
Additional Chief Judicial Magistrate,
North-West District, Rohini Courts, Delhi
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