SANJAY PARSHURAM JADHAV Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2022-2-25
HIGH COURT OF BOMBAY
Decided on February 02,2022

Sanjay Parshuram Jadhav Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.)Order dtd. 12/1/2021 was passed by the District Magistrate cum District Collector, Pune, under sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter "the SARFAESI Act " for short) on an application being made by the respondent no.3 (hereafter "the bank ", for short) appointing the Executive Magistrate cum Resident Naib Tahsildar, Haveli (Pune) to take possession of the secured asset and to deliver the same to the bank. On the basis of such order of the district magistrate, the magistrate cum tahsildar issued a notice of possession dtd. 28/10/2021 notifying that possession of the secured asset would be taken over and delivered to the bank on 9/12/2021 at 9.00 a.m.
(2.)In this writ petition, the said possession notice 28/10/2021 is under challenge. It is claimed that since the petitioners did not have access to the order of the district magistrate dtd. 12/1/2021, the same could not be challenged in this writ petition. However, such order of the district magistrate having since been obtained, a draft amendment is moved on behalf of the petitioner seeking to lay a challenge thereto. The draft amendment is allowed. During the course of the day, amendments in terms of the draft be incorporated in the writ petition.
(3.)Although we are of the view that the petitioner has a remedy before the Debts Recovery Tribunal under sec. 17 of the SARFAESI Act against the order of the district magistrate as well as the notice of possession issued in pursuance thereof, we are inclined to entertain this writ petition because it has been contended on behalf of the petitioner that a jurisdictional error has been committed by the district magistrate while allowing the application of the bank under sec. 14 of the SARFAESI Act. We propose to examine such contention in the course of the following discussion.


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