BALAJI ELECTROSTEELS LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India whereby and whereunder the order dated 12.07.2018 has been assailed by which the District Magistrate has invoked the jurisdiction conferred under Section 14 of the SARFAESI Act, 2002.

(2.) The writ petition has been filed solely on the ground that when the proceeding is pending under Section 19 (1) of the RDDBFI Act, 1993, the initiation of proceeding under SARFAESI Act, 2002 is barred.

(3.) Mr. Ranjan Kumar, learned counsel appearing for the State Bank of India putting reliance upon the judgment rendered in the case of M/s Travancore Vrs. Union of India and Anr. reported in (2008) 1 SCC 125, has submitted that the said issue has been decided in the aforesaid case by the Hon'ble Apex Court, therefore, the writ petition is fit to be dismissed.