- (1.) This petition has been filed challenging the order dated 1.11.2019 passed by the Chief Judicial Magistrate, Lucknow in Misc. Case no.2620 of 2019 (Bank of Baroda vs. M/s. Shakuntala Devi), and also praying for a direction to the respondents to remove the seal from the lock of the petitioner no.3 on the house and to restore possession of the secured asset to the petitioners and to refrain from taking coercive measures against the petitioners.
(2.) I have heard Sri Akhilesh Kalra, learned counsel for the petitioners and Sri Prashant Kumar Srivastava for the Bank.
(3.) Sri Prashant Kumar Srivastava has raised a preliminary objection as to the maintainability of the writ petition under Articles 226 and 227 of the Constitution of India, as he has relied upon several judgments of the Supreme Court and of this Court and also of various High Courts, to say that against an action taken under Section 14 by the District Magistrate or his authorized officer, the remedy of appeal under Section 17 of the SARFAESI Act is available to the aggrieved person.;