Petitioners challenged the enforcement of a post-auction possession order under the SARFAESI Act. The court noted the petitioners could appeal to the Debts Recovery Appellate Tribunal. Dismissed the writ petition. No costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
WRIT PETITION No.111/2020
Smt. Laxmi wd/o Madangopal Girdhar and others
Vs.
The Authorized Officer, Bank of India, Main Branch, Bhandara and others.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court’s or Judge’s Orders
or directions and Registrar’s orders.
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Shri S.P.Kshirsagar, Advocate, for petitioners.
Mrs. S.S.Jachak, Assistant Government Pleader for respondent
nos. 2 and 3.
CORAM: R.K.DESHPANDE and
A.S.CHANDURKAR, JJ.
DATE: 07.01.2020
Petitioners are the borrowers and have suffered
an order from Debts Recovery Tribunal. The property was
attached and it was auctioned. The Sale Certificate was
issued on 09.05.2017. The auction purchaser has
obviously deposited the entire amount with the bank.
The contention is that after issuance of the Sale Certificate,
there is no jurisdiction to execute the order passed under
Section 14 of the Securitization and Reconstruction of
Financial Assets and Enforcement of Security Interests Act,
2002 (for short, ‘the SARFAESI Act’) for taking possession
of the property. The possession can only be taken in
execution of the decree passed by the Debts Recovery
Tribunal.
We put a specific question to the learned
counsel for the petitioners to point out to us the provision
under which such possession can be taken in absence of
any order passed under Section 14 of the SARFAESI Act.
The learned counsel for the petitioners unable to show us
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any such provision. The petitioners have a remedy
to challenge the order impugned by filing an appeal before
the Debts Recovery Appellate Tribunal.
In the facts and circumstances of the case, we
do not find any reason to entertain this petition. The writ
petition is dismissed. No costs.
JUDGE JUDGE
Andurkar..
1 issue framed by the court
Whether the Authorized Officer has jurisdiction to execute Section 14 of the SARFAESI Act for taking possession after a Sale Certificate is issued under an auction order of a Debts Recovery Tribunal.
1 provisions across 1 enactments
Smt. Laxmi wd/o Madangopal Girdhar and others
The Authorized Officer, Bank of India, Main Branch, Bhandara
R.K.DESHPANDE
A.S.CHANDURKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court