IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.18565 of 2010
M/S MADHAVI HOTELS(P)LTD.
Versus
UNION OF INDIA & ORS
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2. 15.11.2010 The petitioner company has approached this Court
for recall of the sale notice which includes the assets and
properties of the petitioner company and amend the sale
notice dated 11.10.2010 to the extent to exclude the
properties of the company, i.e., building, plant & machinery
and goods hypothecated with the respondent Bank.
It is submitted by learned counsel for the petitioner
that the possession notice dated 31.1.2010 under Section
13(4) of the SARFAESI Act was given only with respect to
the land involved belonging to the Directors and Guarantors
of the company; whereas the sale notice dated 11.10.2010
has been issued with respect not only to the underlying land
but also to the entire superstructure, i.e., building, plant and
machinery and also goods hypothecated with the
respondent Bank, which is not permissible in terms of the
SARFAESI Act without first issuing a notice of possession
under Section 13(4) prior to the issuance of the sale notice.
It is also pointed out by learned counsel that the sale notice
is in such terms that the sale of the underlying land and the
2
superstructure thereon are not separable as a single tender
has been invited for the same.
Learned counsel for the respondent Bank prays for
two weeks time to seek instructions and file a detailed
counter affidavit in the matter.
Put up among top thirty cases in the main list on 29th
November, 2010.
In the meantime, there shall be stay of the sale notice
dated 11.10.2010(Annexure-11).
However, this interim order shall not preclude the
Bank from issuing a fresh sale notice in terms of the
possession notice dated 31.1.2010.
(Ramesh Kumar Datta,J.)
Spal/