RAVINDRA MAITHANI
V. K. Trading Company – Appellant
Versus
District Magistrate, Udham Singh Nagar – Respondent
JUDGMENT :
The challenge in this petition is made to an order dated 12.09.2022, passed by the respondent no.1, the District Magistrate, Udham Singh Nagar (“the District Magistrate”) under Section 14 of the, The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 (“SARFAESI Act”). The petitioner also seeks directions to the respondent no.2, the State Bank of India (“the bank”) to open the lock of the residential house of the petitioner no.2 and permit the family of the petitioner no.2 to reside in the house.
2. Heard learned counsel for the parties and perused the record.
3. It is the case of the petitioner that the petitioner no.1 has taken loan from the bank; the bank proceeded under the provisions of the SARFAESI Act and by the impugned order, the District Magistrate passed an order on 12.09.2022 for taking possession of the secured assets.
4. It is the case of the petitioner that correct figures and dates were not placed before the District Magistrate. The wrong dates of NPA was given. The figures were wrong. The District Magistrate while passing the impugned order did not verify the details and the facts of the case.
5. It is also arg
C. Bright vs. District Collector and others
Herrington v. British Railways Board (1972) 2 WLR 537
Kotak Mahindra Bank Limited. Vs. Girnar Corrugators Private Limited and Others
London Graving Dock Co. Ltd. v. Horton 1951 AC 737, 761 : (1951)-2 All ER 1
M/S Amar Nath Om Prakash and others Vs. State of Punjab and others
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