AMITAVA LALA, A.P.SAHI
IRSHAD HUSAIN – Appellant
Versus
DISTRICT MAGISTRATE, MORADABAD – Respondent
Hon’ble 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 (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 authority 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.—(1) Where the possession of any secured asset is required to be taken by
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