Satpal Singh Kirar v. Bank of Baroda

1. The prayer clause in this petition, preferred under Article 227 of the Constitution of India, read thus: “PRAYER Thus, in the present facts and circumstances of the case it is most respectfully prayed before this Hon'ble Court to kindly: a. Issue a Direction/ order allowing the present Petition and call for the relevant records and proceedings in respect of the demand notice dated 24.09.2021 issued by the Respondent Bank to M/s. Subhalaxmi International Co. under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 demanding the overdue/ loan amount of Rs.33,38,627.21 (Rupees Thirty Three Lacs Thirty Eight Thousand Six Hundred Twenty Seven and Twenty One Paisa). 2022:DHC:1933 b. Issue a Direction/ order setting aside the Respondent's action of taking physical possession of the Petitioner's assets including machines, tools and stocks, and other valuable items laying at the factory premises situated at First and Second Floor, Plot NO. 274, Block G, Sector 3, Bawana Industrial Area, Bawana, Delhi- 110039; c. Issue a Direction/ order directing the respondent Bank to de-seal the factory premises of the Petitioner situated at First and Second Floor, Plot No. 274, Block G, Sector 3, Bawana Industrial Area, Bawana, Delhi- 110039; d. grant liberty to the Petitioner to file appropriate application/suit before the appropriate authority claiming damages against the Respondent Bank; e. to pass any other or further order as deem fit in the present facts and circumstances of the present case.”

2. Article 227 of the Constitution of India reads as under: “227. Power of superintendence over all courts by the High Court (1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction (2) Without prejudice to the generality of the foregoing provisions, the High Court may (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and

(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces”

3. This Court, under Article 227 of the Constitution of India, exercises power of superintendence over all courts within its supervisory jurisdiction. A petition under Article 227 can lie only where the court is called upon to exercise supervisory jurisdiction over a court below, in respect of the manner of exercise of the latter of its judicial function.

4. The prayer clause in this petition does not seek any relief qua any proceeding in any court below. The relief as sought is with respect to communications addressed by respondent bank under Section 13(2) of the SARFAESI Act, 2002, for setting aside of the respondent’s action of taking physical possession of the petitioner’s assets and for a direction to the bank to de-seal the petitioner’s premises.

5. Such prayers cannot lie under Article 227 of the Constitution of India.

6. Reserving liberty with the petitioner to take appropriate remedies as may be available to him in law, this petition, being completely misconceived, is dismissed.

C. HARI SHANKAR, J