JUDGMENT

Mini Pushkarna, J. (Oral) -

I.A. 10814/2022

1. This is an application on behalf of the petitioners seeking urgent directions praying for stay of operation of the notice dated 12.07.2022 issued by Duty Magistrate, Tehsildar, Wazirabad, Gurugram, Haryana under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter, referred to as SARFAESI Act). By way of the said notice dated 12.07.2022, it has been informed to the petitioners that the possession of the land admeasuring 5.70 acres situated in Village Behrampur, Sector 59, Tehsil Sohna, District Gurugram, currently in possession with the petitioners, shall be taken on 27.07.2022 with the assistance of police force.

2. On behalf of the respondents, it has been argued that this Court will not have jurisdiction under the SARFAESI Act to deal with the notice issued by the Duty Magistrate, Gurugram under Section 14 of the SARFAESI Act. Attention of this Court was drawn to Section 17 of the SARFAESI Act to contend that the remedy of the petitioners will lie by filing an appeal before the Debts Recovery Tribunal (DRT) in terms of Section 17 of the SARFAESI Act