Back
GUJARAT HIGH COURT
N. V. Ramana, CJ
Pushpa Devi B. Jain v. Indian Overseas Bank
| Table of Content |
|---|
| 1. competence of additional district magistrate regarding s.14. (Para 1 , 2) |
| 2. authority for s.14 and implications of compliance. (Para 4 , 5 , 6) |
| 3. delegation of powers must be explicit; distinction between roles. (Para 7 , 8 , 9 , 10 , 11) |
| 4. decision-making authority under s.14 rests with district magistrate. (Para 12 , 13) |
| 5. outcome of the petition and implications for further applications. (Para 14 , 15) |
1. While proceeding under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002, the first respondent - Bank filed an application under S.14 of the Act before the District Magistrate seeking assistance to recover physical possession of the secured assets in question. The application was decided by the Additional District Magistrate and the order dated 22nd May, 2015 which culminated, is one impugned in this petition.
2. The short but succinct question is whether the Additional District Magistrate was competent authority who could exercise the powers and jurisdiction to act under S.14 of the Act and decide the application.
3. Heard learned advocate Mr. Dhaval Vyas for the petitioner and learned advocate Mr. Tejas
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
