JUDGMENT

M.R. Shah, J.

1. Feeling aggrieved by and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court of Madhya Pradesh at Indore dated 11.08.2017 in Writ Appeal No. 248 of 2017, by which the Division Bench of the High Court has allowed the said appeal preferred by respondent No.1 herein and has quashed and set aside the judgment and order passed by the learned Single Judge and has observed and held that Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as ‘MSMED Act’) will prevail over Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘SARFAESI Act’), the secured creditor – Kotak Mahindra Bank Limited has preferred the present appeal.

The facts leading to the present appeal, in nut shell, are as under:

1.1 One Mission Vivacare (hereinafter referred to as ‘debtor’) advanced various credit facilities by the appellant bank – secured creditor. In order to secure the various credit facilities, Plot Nos. 16 and 14, situated in SEZ Area of Dhar were mortgaged along with certain movable fixed assets.

1.2 On account of default in payment o