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2021 Supreme(MP) 797

PRAKASH SHRIVASTAVA, ANJULI PALO
RACHNA MAHAWAR – Appellant
Versus
DISTRICT MAGISTRATE – Respondent


Advocates Appeared:
For Appellant : Aseem Trivedi
For Respondent: Piyush Dharmadhikari

ORDER PRAKASH SHRIVASTAVA, J. – This petition has been filed by the petitioner aggrieved with the order dated 16-2-2021 passed by the Additional District Magistrate under section 14 of the the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short ‘the Act’).

2. A preliminary objection has been raised in respect of availability of alternate remedy of appeal.

3. Submission of learned counsel for the petitioner is that against such an order the remedy of appeal under section 17 of the Act is not available and that the power under section 14 can be exercised only by the District Magistrate and not the Additional District Magistrate.

4. I have heard the learned counsel for the parties and perused the record.

5. The issue relating to the jurisdiction of the Additional District Magistrate to pass an order under section 14 of the Act needs consideration by this Court because if the Additional District Magistrate had no jurisdiction to pass the impugned order then the availability of alternative remedy of appeal will not come in the way of the petitioner from approaching this Court.

6. Section 14 of the Act gives the power to Chief Me

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