Shiv Koushal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 993 of 2017 • Shiv Koushal S/o Late Shri Parganiya, Aged About 41 Years, R/o. House No. 11/64, Shrinagar, Khamtarai, W. R. S. Colony, Raipur, Tahsil And District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Collector & District Magistrate, Raipur, District Raipur (Chhattisgarh)

2. State Bank Of India, Through : The Presiding Officer, R. A. C. P. C., Administrative Office, Bairan Bazar, Raipur, District Raipur (Chhattisgarh)

3. Smt. Anita Swami (Since Dead) (Original Owner),

4. Smt. Nimmi Pandey, W/o Shri Sameer Pandey, R/o. Behind Mahindra Show Room, Magarpara Road, Jarhabhatha, Bilaspur, District Bilaspur (Chhattisgarh)...........(Auction Purchaser), ---- Respondents For Petitioner : Smt. Hamida Siddiqui, Advocate For State : Shri R.K. Gupta, Dy. AG For Respondent No.2 : Shri Abhishek Sinha, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/05/2017

1. Heard.

2. Though the number of grounds for assailing the correctness of the order dated 03/05/2016 passed by the District Magistrate in exercise of power under Section 14 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Taking into consideration the Division Bench (Special) verdict in the case of M/s G. P. Ispat Private Limited and another vs. Authorized Officer and Chief Manager State

Bank Of India and others1 once the possession has been taken, the petitioner has an alternative remedy under Section 17 of the SARFAESI Act to raise dispute before the Debt Recovery Tribunal.

3. In view of the existence of alternative remedy, I am not inclined to entertain this petition. Acording, petition is dismissed with the aforesaid liberty.

Sd/- (Manindra Mohan Shrivastava) Judge Kamde WP(C) No. 1801 of 2015, decided on 06/12/2016