Petitioners challenged an order under section 14 of the SARFAESI Act regarding mortgage and possession. The High Court held the Magistrate need not decide on merits and dismissed the writ petition, directing Parties to utilize the appeal under section 17.
Writ petition dismissed; liberty granted to approach the Debt Recovery Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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WP 3969 of 2016
Vat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION No. 3969 OF 2016
Sunil Mohan Lahori and Ors. ….Petitioners Vs. Corporation Bank and Anr. ….Respondent
Mr.A.S. Ramesan a/w. Mr. S.U. Patro for the Petitioners
Ms. Rathina Maravarman for Respondent No.1 ******
CORAM : V. M. KANADE & Ms. NUTAN D. SARDESSAI, JJ.
DATE : NOVEMBER 18, 2016
P.C. :
and the learned counsel for Respondent No.1 Bank.
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WP 3969 of 2016
fact that the property in question is not properly numbered. Secondly, it is submitted that the property is not registered and it is not secured by mortgage. Thirdly, it is submitted that the Memorandum of Entry in the application is not properly mentioned. Fourthly, it is submitted that the reply to the notice under section 13(2) of the SARFAESI Act has not been given. It is also submitted that the Petitioners had allegedly committed fraud and that aspect also has not been considered. It is submitted that no proper explanation has been given by the Bank.
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the order passed by the Chief Metropolitan Magistrate by granting protection. Request for granting of stay is declined. Liberty is granted to the Petitioners to approach the DRT.
Ms. NUTAN D. SARDESSAI, J. V.M. KANADE, J.
Vaishali Tikam
3 issues framed by the court
Whether the Magistrate is obliged to decide issues on merits under section 14 of the SARFAESI Act.
Whether the writ petitioners have an alternate remedy available under section 17 of the Act.
Whether a stay should be granted on the order of the Chief Metropolitan Magistrate.
3 provisions across 1 enactments
Sunil Mohan Lahori and Ors.
Corporation Bank
Anr.
V. M. Kanade
Nutan D. Sardeesai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
