04 ADVOCATE District court complex, Punjab~ Haryana High Court Sector-76, Mohali Chandigarh Mobile No.8427510007
Dated: cg. oq •J...o.l1+
To The authorized officer, Union Bank of India.
.J I .do hereby serve you this notice:- l !. That I have been appointed as the receiver in the case titled Union Bank of India Versus Jas~der Kaur CRM No.1623/2024 vide li order dated:31.08.2024 by the court of Sh. Anish Goyal, CJM, SAS Nagar (Mohall). Copy of the order is attached herewith. 2. That the fees has been fixed at Rs.20,000 /- which is to be p~d within 30 days. 3 .. That the bank details for paying the fees is as below:- ·Name: Meetkrunal Singh account No.36792975116 Bank: SBI Branch: Mattaur IFSC Code: SBIN0003631
It is therefore requested that the fees may kindly be paid at the
earliest so that the further process may be started.
amal Sitlgh Advocate Registration No.PH/3043/2023 P'-"- lAD, g4.t::t--S- loo o1- IN THE COURT OF SH CHIEF rup MA.GIST ANTSH GOYAL PC£ I
RATE, SAS NAGAR (MOHALI)_
CIS No. CRM-1623-2024 CNR No.PBSA03-012454-2024 Date of order: 31.08.2024 Union Bank of India a bod c ' y orporate and banking company constituted under the banking Companies (Acquisition and Transfer of Undertakin ) Act, 1970, having its Head Office at 239 V'dh Bh . gs . ' 1 an awan Marg, Nanman P~mt, Mumbai 40002 l and amongst other places a Branch Office at Z1rakpur, Sub Tehsil Zirakpur & District SAS Nagar, Mohali, Throu gh Its authorized officer Smt. Seeman B Hastir.
.. .. .. ApplicanV Secured Creditor
Versus l. Smt. Jaswinder Kaur w/o Gurmeet Singh r/o H.No. 1631, Sector 22-B Chandigarh. ,
....... RespondenV Borrower
Petition/application on behalf of secured creditor under
section 14 ofSARFAESI Act, 2002. Amended as on date.
Present: Sh. Sunil Kwatra, Counsel for the petitioner.
ORDER:-
Petition under section 14 of SARFAESI Act presented today. II be
registered. This order shall decide 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 applicant through Smt Seeman B Hastir authorized representative praying that possession of the applicant's secured assets qua the properties mentioned in the application may be delivered to the applicant along with affidavit of above said authorized representative. 2. As per provisions of Section 14(1) of the Act, Chief Metropolitan Magistrate shall order taking possession of the secured asset and to forward it to the secured creditor. Hon'ble Supreme Court in Authorized Of11ce,; lndl,a Bank Vs D V1$1hksbt and Am: 2019(4) RCR (CiyJJI 952, has held that CJM (Chief Judicial Magistrate) is equally competent to deal with lhe application moved by the secured creditor under Section 14 of the 2002 Act. 3. As per application and supporting affidavit, under proviso to section 14(1) of authorized officer and documents, it came out that the applicant is a secured creditor whereas the respondents are borrowers within the meaning of the Act. Respondents have also executed the loan documents in favour of bank. A security interest was created by the borrowers to secure repayment of the financial assistance/ loan provided by the applicant upon the following property by way of mortgage. "Equitable mortgage of immovable resident Flat No. 641-C, Second floor, covered area 1021.99 sq ft comprised in Khewat/ Khatoni No. 179/180 Khasra no. 9//6/1 (2-16), 14/2(3-8), 15(8-0), 16(8-0), 17/1 (1-16), 25(8-4), 10//9/3 (2-12), 10(8-0), 11/1(7-0). 11/2(1-0), 20/1(7-0), 20/2(1-0) Kitte 12 tadadi 58 kanal 16 malre of 646/352800 share which is equal to 0 kanal 2.15 Marie situated at JTPL City, Sector 115 village Khuni Majra inside Municipal Council, Tehsil Kharar, District Mohali vide registered sale deed no. 2019-20/15/1/7957 duly registered in the office of Sub Registrar Kharar, dated 27.09.2019 owned by Respondent." The affidavit further discloses the extent of financial assistance granted and the claim of the applicant as on the date of filing the application by producing on record the statement of account showing balance lying outstanding in the account of the respondents. It also emerges from the affidavit that the borrowers have defaulted in repayment of the financial assistance/ loan. The loan account has been classified as Non Performing Asset (NPA). The affidavit and documents on record further shows that the secured creditor had issued and served the statutory demand notice dated 03 08 2022 under Section 13(2) of the Act upon the respondents, but the respondents have failed to discharge their liability in full within the stipulated period of sixty days from the date of notice under Section 13(2) of the Act. It has also been mentioned in affidavit that no objection or representation has been received from borrower and payment has not been made by them. So, requirements of section 14(1) of SARFAESI Act 2002 are complete and since the property is situated under the jurisdiction of this Court, warrants of possession of the above said property of respondents be issued to the Collector concerned for execution as per law and to deliver the possession to the applicant. 4. Today request has been made by Ld. Counsel for applicant that Receiver may be appointed in present case for taking possession. In NKGSJJ. COQJ)t:Cltive BanJc Limited v. Subir CbakravactY (SC): Law Finder Doc Id # 1950043. 2022f2l R,C.R,fCjyj() 414, it has been held by Hon'ble Supreme Court that it would be open to the CMM/DM to appoint an advocate commissioner to assist hinvher in execution of the order passed under Section 14(1) of the 2002 Act. 5. As such, this court appoints Sh, Meet Kamal Sin&h 8427510007 as receiver with directions to take possession of the above said Secured Asset. His is fixed at Rs. 20,000/- to be paid by the applicant within 30 days. 6. Receiver shall give 15 days notice to the authorized officer of the secured creditor and the borrowers/guarantors. Receiver is also directed to serve this notice by way of affixation 15 days prior to taking over possession. This notice shall be affixed on the outdoor or at such conspicuous place of the immovable property and photographs of that place shall be taken including display of notice on property. 7. Receiver is also empowered to break open locks in case premises is found locked and in that eventuality, he shall prepare inventory with regard to the items kept inside the premises and hand over them along with one list duly signed by two witnesses and by the receiver to the borrower, if present at the site. One copy of the same duly signed by the witnesses and by the receiver will be annexed with his report. Photographs of the locked premises before taking over and after taking over and photographs of the items kept inside the premises shall also be taken by the receiver and be annexed with the report and a certificate under Section 65-B of Indian Evidence Act. Broken locks shall be sealed in cloth pulanda and be deposited with applicant. The expenses on this account shall be borne by the applicant. 8. After taking over the subject property, it should be handed over to the authorized officer of applicant. Accompanying witnesses shall sign the proceedings. Receiver to ensure that while executing the order there is no stay from any Court in respect of the secured asset. 9. The concerned area SHO is directed to provide the police assistance including one lady police official for the purpose of taking possession, if applied by Receiver in this regard. I 0. One copy of this order along with copy of application be given to the Receiver for compliance, another copy of order be given to petitioner bank and one copy of order be sent to SHO concerned by office. 11. 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. 12. If the applicant, of its own, decides not to recover possession, it shall apply to this Court to terminate the mandate and it shall not be lawful for it to itself instruct the Receiver, as authorized above, to refrain from or to delay the recovery of possession. 13. The application is accordingly disposed off. After the appointment of Receiver nothing survives in the petition. Receiver is directed to file the compliance report in the office within three months from today, which be placed on consigned file. Let the file be consigned to the record room and be called as and when any application is made by any party, with direction to applicant to inform the court regarding the taking of possession or regularization of account by respondents or clearing of loan by respondents. Pronounced in Open Court 31.08.2024 (Anish Goyal, PB0320) Chief Judicial Magistrate, SAS Nagar, Mohali ty. by Jagandc,p Kaur. STG-111
