This writ petition has been preferred by IDBI Bank Ltd. (hereinafter referred to as “the bank”) against the order dated 21.9.2010 passed by the District Magistrate, Mehsana in MCC Case No. 1 of 2010.

2. By the impugned order, the District Magistrate, Mehsana held that the bank failed to prove that it is a secured creditor and thereby came to the conclusion that the application filed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the Securitization Act”) is not tenable and thereby rejected the application.

3. The case of the bank is that respondent Nos. 1 and 2 – borrowers have taken financial assistance from the petitioner – bank on 15.9.1990 and executed necessary documents on 26.11.1991 to secure the credit facility taken by them. On 31.3.1996, the respondent – borrowers having defaulted in repaying the outstanding dues, their account was classified as Non-performing Assets (NPA). The bank moved before the Debt Recovery Tribunal under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, which is registered as O.A. No. 99 of 1998 a