CHHATTISGARH HIGH COURT
Arvind Singh Chandel, J
Vishal Chopra and Others v. State of Chhattisgarh and Others
| Table of Content |
|---|
| 1. challenge to possession order under sarfaesi act. (Para 1 , 2 , 3) |
| 2. duty of the district magistrate to assist secured creditor. (Para 10 , 12 , 19) |
| 3. final ruling confirms the order's legality. (Para 25 , 26 , 27) |
1. Invoking the jurisdiction of this Court under Art.226 of the Constitution of India, the petitioners herein have called in question legality, validity and correctness of the order passed by the Collector and District Magistrate, Raipur under S.14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') by which it has been directed to take physical possession of the subject land from the petitioners.
2. Necessary facts needed to adjudicate the dispute to correct the order dated 20-3-2017 state as under: -
2.1. Respondent No.3 being a financial institution took an action under S.13(4) of the SARFAESI Act against which the petitioners have preferred Securitisation Application before the Debts Recovery Tribunal at Jabalpur in which interim order dated 28-3-2017 has been passed. In the meanwhile, respondent No.3 has filed an application under S.14 of the SARFAESI Act befor
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.