S. C. SHARMA, SHAILENDRA SHUKLA
ANIL KARMA – Appellant
Versus
STATE OF M. P. – Respondent
ORDER/JUDGMENT – Parties through their counsel.
2. The petitioners before this Court have filed the present petition being aggrieved by order dated 20-11-2018 passed by the District Magistrate, Badwani exercising the powers conferred under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act, 2002) for taking possession of secured asset i.e. agricultural land/holding admeasuring 5.350 hectares situated at village Lakhangaon, Tehsil Thikri, District Barwani.
3. Learned counsel has argued before this Court that keeping in view section 31 of the SARFAESI Act, 2002 the impugned order passed by the District Magistrate is bad in law and the order passed by respondent No. 1, at the behest of respondent No. 2, deserves to be quashed by this Court. He has also fairly stated that respondent No. 2 has other legal remedies against the petitioners who are borrowers and guarantors as well in the present case.
4. A reply has been filed in the matter and the respondent No. 2-Jila Sahkari Kendriya Bank Maryadit, Khargone has not disputed the aforesaid fact that the land in question is agricult
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