Hospital sought remand of a Collector's Section 14(1)(b) SARFAESI possession order and joinder of a director and the bank as parties. The court held the petition non-maintainable since remedies lie with the DRT under Section 17 SARFAESI, and dismissed it at motion stage.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 102 of 2024
---- Petitioner
Versus
1. The District Magistrate, Durg, District Durg, Chhattisgarh.
2. The Tehsildar Durg, District Durg, Chhattisgar.
---- Respondents
---------------------------------------------------------------------------------------------- For Petitioner : Mr. Y. Vijay, Advocate. For State/Respondents : Mr. P. Acharya, P.L.
Hon'ble Shri Justice Naresh Kumar Chandravanshi
Order On Board
11.01.2024
1. Heard.
2. By way of this petition filed under Article 226 of the Constitution
of India petitioner has sought for the following reliefs:-
10.1 That, to issue an appropriate writ/orders/direction to remand back the order of the Respondent No.1 dated 06.11.2023 and also directing the Respondent No.1 to remand the same for proceedings u/s 14 of the SARFAESI Act, 2002.
10.2 That, to issue an appropriate writ/orders/direction directing the Respondent No.1 to make Dr. Sheetal Yadav a party to the aforementioned
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proceedings and accordingly serve a notice to her u/s 14 of the SARFAESI Act, 2002.
10.3 That, to issue an appropriate writ/orders/direction directing the Respondent No.2 not to comply with the order of Respondent No.1 with respect to taking the possession of the mortgaged property and secured assests.
10.4 To grant any other relief/orders/directions in favour of petitioner, which may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
3. Learned counsel for the petitioner would submit that impugned order vide Annexure-P/3 dated 06.11.2023 has been passed by the respondent No.1/District Magistrate Durg, District Durg (C.G.) against the petitioner company in which there were 3 Directors, but only 2 Directors have been made party before the Collector by the Union Bank of India, which was the nonapplicant before the Collector. Thus, order passed by the Collector is illegal, therefore, the instant case may be admitted for hearing.
4. Per contra, learned counsel appearing for the State would submit that impugned order has been passed by the Collector under Section 14 (1) (b) of the SARFAESI Act, 2002, therefore, this petition is not maintainable in view of provisions of Section
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17 of the SARFAESI Act, 2002. Hence, this petition may not be admitted for hearing.
5. Considering the submissions made by the parties.
6. Undisputedly, impugned order has been passed by the Collector under Section 14 (1) (b) of the SARFAESI Act, 2002 and relief whatever sought for by the petitioner in this petition lies before the concerned Debt Recovery Tribunal. Further, this petition has not been filed by any Director, rather, it has been filed by the M/s. S.R. Hospital & Research Centre, which was the nonapplicant before the respondent No.1. It is also pertinent to mention here that Union Bank of India, by whom, application under Section 14 was given, has not been made party in instant petition, therefore, on all aforesaid grounds, particularly in view of provisions of Section 17 of the SARFAESI Act, 2002, this petition is not maintainable, therefore, this petition is dismissed at motion stage itself.
7. In view of above, this petition is dismissed at motion stage, as the same is not maintainable.
Sd/- (Naresh Kumar Chandravanshi) Judge
Deepti Jha
1 issue framed by the court
Is a writ petition maintainable against a Collector's Section 14(1)(b) SARFAESI possession order when relief lies before the Debt Recovery Tribunal under Section 17?
4 provisions across 2 enactments
M/s. S.R. Hospital And Research Centre (A Unit of SR Healthcare Services P Ltd.)
The District Magistrate, Durg, District Durg, Chhattisgarh
The Tehsildar Durg, District Durg, Chhattisgarh
Naresh Kumar Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
