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2021 Supreme(Jhk) 449

RAJESH SHANKAR
Steel Authority of India Limited – Appellant
Versus
Punjab National Bank, through its Chief Manager, Bokaro – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Indraji Sinha, Mr. Vijay Kant Dubey.
For the Respondents: Mr. Gyanendra Kumar, Mr. Rohit Ranjan Sinha.

ORDER :

1. This case is taken up through video conferencing.

2. The present writ petition has been filed for quashing the order dated 11th March, 2020 (Annexure-8 to the writ petition) passed by the Deputy Commissioner-cum-District Magistrate, Bokaro-respondent no. 4 in SARFAESI Case No. 55 of 2018-19 with further prayer that the said respondent may be directed to hand over the possession of the land, appertaining to plot no. B-33, measuring an area of 2250 sq. ft. situated at City Centre, Sector-IV, Bokaro Steel City, Bokaro, to the petitioner.

3. Learned counsel appearing on behalf of the respondent no. 1 submits that since the respondent no. 4 has passed the impugned order dated 11th March, 2020 exercising power under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter to be referred as the ‘SARFAESI Act’) the petitioner has statutory/efficacious remedy of preferring an application under Section 17 of the said Act.

4. Heard learned counsel for the parties on the issue of maintainability of the present writ petition.

5. The Hon’ble Supreme Court in the case of United Bank of India vs. Satyawati Tondon and

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