Order on Board

29.04.2019 (1) In this batch of writ petitions, the petitioners have challenged the order dated 22.12.2018 passed by Chief Judicial Magistrate, Dhamtari under Section 14 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (henceforth, “SARFASI Act, 2002”).

(2) Shri Rajeev Bharat, learned counsel appearing for respondent No. 1 would submit that against the impugned order, remedy of the petitioners is to approach before the Debts Recovery Tribunal under Section 17 of the SARFASI Act, 2002 in view of the judgment of the Supreme Court in the matter of M/s. Hindon Forge Pvt. Ltd. And another v. State of Uttar Pradesh Through District Magistrate Ghaziabad and another1.

(4) In view of above submissions made on behalf of respondent No.1 , learned counsel appearing for the petitioners would submit that the petitioners may be granted some time to approach before the Debts Recovery Tribunal.

(5) Be that as it may, in view of the decision rendered by the Supreme Court in the matter of M/s. Hindon Forge Pvt. Ltd. and another (supra), remedy of the petitioners is to approach Debts Recovery Tribunal under Section 17 of the SARFASI