9911796707
TMI Blog2023 (12) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner, who is a bona fide auction purchaser, has approached this Court for a direction to the Respondents either to set aside the Order dated 05.03.2020 passed by the Respondent No. 2 in OC No. 1220/2019 or in the alternative for a direction to Respondent No. 5/Sub Registrar to register Certificate of Sale Deed executed by Respondent No. 4/Bank. 2. The facts, in brief, are that the Respondent No. 5/Bank in execution of a decree obtained by it under the Recovery of Debts and Bankruptcy Act, 1993 put the property in question to public auction in view of the provisions of SARFAESI Act. The auction was conducted on 18.03.2019 and the Petitioner herein being the highest bidder got the property in question and paid the entire consideration f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments to register the Sale Certificate executed by the Respondent No. 4/Bank is not in accordance with law for the reason that on the day when the property was put to public auction, there was no communication from the Respondent No. 3/ED to the Registrar of documents regarding restraining of transfer of the property in question and in fact the Respondent No. 4/Bank had not been informed regarding the same. He places reliance upon a Judgment passed by the Apex Court in OPTO Circuits (India) Ltd. vs. Axis Bank, (2021) 6 SCC 707 wherein the Apex Court has held that if the procedure under the PMLA has not been followed, in such circumstances, the properties cannot be attached. 6. Per contra, learned Counsel appearing for the Respondents sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept; (b) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause (a) where the keys thereof are not available; (c) seize any record or property found as a result of such search; (d) place marks of identification on such record or [property, if required or] make or cause to be made extracts or copies therefrom; (e) make a note or an inventory of such record or property; (f) examine on oath any person, who is found to be in possession or control of any record or property, in respect of all matters relevant for the purposes of any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-section (1) shall be required for search under this sub-section. [(4) The authority seizing any record or property under sub-section (1) or freezing any record or property under sub-section (1A) shall, within a period of thirty days from such seizure or freezing, as the case may be, file an application, requesting for retention of such record or property seized under subsection (1) or for continuation of the order of freezing served under sub-section (1A), before the Adjudicating Authority.]" (emphasis supplied) 10. Admittedly, on the date when the property in question was put to public auction and on the date when the consideration amount was deposited by the Petitioner and on the date when the possession of the property in qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Kishore Jha v. Mahavir Prasad [Chandra Kishore Jha v. Mahavir Prasad, (1999) 8 SCC 266] and in the course of consideration observed as hereunder : (SCC p. 273, para 17) "17. ... It is a well-settled salutary principle that if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner." Therefore, if the salutary principle is kept in perspective, in the instant case, though the authorised officer is vested with sufficient power; such power is circumscribed by a procedure laid down under the statute. As such the power is to be exercised in that manner alone, failing which it would fall foul of the requirement of complying with due process under law. We have found faul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y contention raised by learned Counsel for the Respondent was that since the matter is pending before the Tribunal under the PMLA, this Court should not exercise its jurisdiction under Article 226 of the Constitution of India. In the facts of the present case, this Court is not inclined to accept the said suggestion. 17. It is trite law that availability of an alternate remedy alone is not an absolute bar for a High Court to refuse to entertain a petition under Article 226 of the Constitution of India. 18. The Apex Court in Maharashtra Chess Association v. Union of India & Ors., (2020) 13 SCC 285, has held that the existence of an alternate remedy does not alter the fundamentally discretionary nature of the writ jurisdiction of the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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