(01.04.2021)

Per : Prakash Shrivastava, J.

This petition has been filed by the petitioner aggrieved with the order

dated 16.02.2021 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 Ac