ASHOK SRIVASTAVA,J. - (1.) THE present writ petition has been filed, inter-alia, praying for quashing the order dated 6.7.2009 ( Annexure ? 9 to the writ petition ) and the order dated 4.8.2009 ( Annexure ? 12 to the writ petition ) passed by the Chief Metropolitan Magistrate, Kanpur Nagar, respondent no. 1.
(2.) IT appears that the proceedings under the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, were initiated against Yogendra Kumar Jaiswal, Shiv Kanya Devi and Saurabh Jaiswal in respect of loan taken from the respondent no. 2. After the expiry of the period mentioned in the notice issued under Section 13(2) of the aforesaid Act, measures were taken under Section 13(4) of the said Act in respect of the property given as security for the said loan. An application (Annexure ? 6 to the writ petition) was filed by the respondent no. 2 under Section 14 of the aforesaid Act for assistance for taking possession of the property given as security for the aforesaid loan. The Chief Metropolitan Magistrate, Kanpur Nagar passed an order dated 6.7.2009 (Annexure ? 9 to the writ petition) accepting the prayer for giving assistance for the delivery of possession of the property given in security. Subsequently the petitioner herein filed an application (Annexure ? 10 to the writ petition) before the Chief Metropolitan Magistrate, Kanpur Nagar, inter-alia, praying for rectification of the said order dated 6.7.2009. By the order dated 4.8.2009 (Annexure ? 12 to the writ petition), the Chief Metropolitan Magistrate, Kanpur Nagar has rejected the said application filed by the petitioner. The petitioner has, thereafter, filed the present writ petition seeking the reliefs as mentioned above.
(3.) WE have heard Sri Ramendra Asthana, learned counsel for the petitioner.;