SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(All) 649

AMITAVA LALA, A.P.SAHI
Irshad Husain – Appellant
Versus
District Magistrate, Moradabad – Respondent


Advocates appeared:
B.C. Rai, for Petitioner; Vishnu Pratap, S.C., for Respondents.

Judgment

AMITAVA LALA, J.:- Here the dispute is not with regard to recovery of commercial loan amount by the Bank as land revenue. The dispute is with regard to power of jurisdiction of the authority under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. 2002 (hereinafter called as Act, 2002) to give assistance to the secured Creditor i.e. the Bank herein is taking possession of the property in question. The petitioner wanted to make out the case that the order dated 27-1-2009, which has been passed by the Additional District Magistrate/ Additional Collector (F. & R.), Moradabad in case no. 42/78 of 2008 (The Jammu and Kashmir Bank Ltd. v. Wemesa Fibres (Pvt.) Ltd. and others) is not sustainable in view of the fact that such Additional District Magistrate/ Additional Collector (F. & R.), Moradabad has no power or authonty to pass such order as per Section 14 of the Act, 2002. Section 14 of the Act, 2002 is quoted hereunder:

"14. Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset.-(l) Where the possession of any secured asset is required to be taken by th











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top