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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, V.NARASINGH
Chief Manager-cum-Authorized Officer, Union Bank of India, Jharsuguda – Appellant
Versus
Rajesh Kumar Agrawal – Respondent
| Table of Content |
|---|
| 1. factual background of loan and auction proceedings. (Para 2 , 5 , 6 , 7 , 8 , 9) |
| 2. court's observations on jurisdiction and conduct of parties. (Para 3 , 20 , 22 , 24 , 25 , 26) |
| 3. arguments regarding jurisdiction and statutory remedies. (Para 4 , 10 , 12 , 16) |
| 4. interpretation of sarfaesi and consumer protection acts. (Para 18 , 19) |
| 5. conclusion and order to quash consumer proceedings. (Para 28 , 29) |
JUDGMENT :
V. Narasingh, J.
Plenary jurisdiction of this Court under Article 226 and 227 of the Constitution of India has been invoked by the Chief Manager-cum-Authorized Officer, Union Bank of India (Opposite Party No.1) assailing order dated 14.12.2023 at Annexure-8 passed in Misc. Case No.31 of 2023 arising out of C.C. No.91 of 2023 by District Consumer Commissioner, Jharsuguda in exercise of its power U/s.38(8) of the Consumer Protection Act, 2019 (hereinafter referred to as “C.P. Act”) thereby directing the Petitioner-Bank not to proceed for the auction of secured assets which was being undertaken in terms of the provisions contained in Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with Rule 8 of the Secur
The provisions of the SARFAESI Act overrule other laws, including the Consumer Protection Act. Consumer commissions lack jurisdiction in matters covered by SARFAESI when statutory remedies are availa....
Civil courts cannot entertain suits regarding matters under the SARFAESI Act, including injunctions against auction purchasers, as jurisdiction lies exclusively with the DRT.
Under Section 17, it implies the phrase “any person aggrieved by any of the measures under Section 13(4)” which implies any and every action resorted to by the bank, it is authorised to take recourse....
Point of law : As per the settled law, duty of Chief Metropolitan Magistrate (CMM)/District Magistrate (DM) under Section 14 of the SARFAESI Act is only to ascertain whether the secured assets fall w....
SARFAESI--Auction Sale--Confirmation of sale of secured assets by bank-- Writ Petition against such an action of Bank is not maintainable
Duty of Magistrate under Section 14 of SARFAESI Act is only to ascertain whether secured assets fall within his jurisdiction and to verify from bank or financial institutions whether notice under Sec....
Though existence of an alternative remedy is not an absolute bar to the maintainability of a writ petition under Article 226 of the Constitution, but a writ petition can be entertained in exceptional....
The SARFAESI Act mandates exhausting statutory remedies before seeking extraordinary relief under Article 226; procedural compliance is essential, and the auction process cannot be set aside absent s....
The sale certificate under the SARFAESI Act is sufficient for title transfer, negating the need for further registration, and the High Court should not intervene in SARFAESI proceedings when alternat....
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