MADAN MOHAN SHRIVASTAVA Vs. ADDITIONAL DISTRICT MAGISTRATE
LAWS(MPH)-2021-4-25
HIGH COURT OF MADHYA PRADESH
Decided on April 01,2021

Madan Mohan Shrivastava Appellant
VERSUS
ADDITIONAL DISTRICT MAGISTRATE Respondents

JUDGEMENT

PRAKASH SHRIVASTAVA,J. - (1.) This writ petition under Article 226/227 of the Constitution of India has been filed by the petitioner aggrieved with the order of the Additional Collector dated 25.01.2021 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act' ) directing the Tehsildar to ensure delivery of possession of the mortgaged property to the respondent-Bank.
(2.) Learned counsel for the respondent No.3/Bank has raised the preliminary objection that against such an order the petitioner has remedy of filing an appeal under Section 17 of the Act. He has placed reliance upon certain judgments in support of his submission.
(3.) The submission of learned counsel for the petitioner is that the remedy of appeal is not available against the order passed under Section 14 of the Act and that in terms of sub-section (3) of Section 14 of the Act, the order under Section 14 is final and it cannot be challenged in any court except in the High Court under Article 226 of the Constitution of India.;


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