Madan Lal Chawla & ANR v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3591/2019 and Crl.M.A. 43463/2019 MADAN LAL CHAWLA & ANR ..... Petitioners Through:

Mr A. Maitri, Advocate with Ms Radhika, Advocates.

versus STATE & ORS ..... Respondents Through:

Ms Kamna Vohra, ASC for State.

Mr Anil Kumar Singh, Advocate for R-2 (Allahabad Bank).

SI Narender Singh, PS Lahori Gate.

SI Vikram Singh, District NorthWest.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 03.02.2020 1.

The petitioner has filed the present petition impugning an order dated 12.09.2019 passed by the learned CMM in MA No. 153/2018 captioned 'Allahabad Bank v. M/s. Sai Sales Corporation and Ors.'. 2.

The impugned order has been passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereafter the "SARFAESI Act"), whereby the learned CMM has directed that the possession of the property in question be taken by the receiver and be handed over to the authorised officer of respondent no.2 (Allahabad Bank). The said order had been passed pursuant to an application moved by respondent no.2 to enforce the security interest under Section 13(4) of the SARFAESI Act. An appeal against the said order

is maintainable under Section 17 of the SARFAESI Act and therefore, the petitioner has an alternate efficacious remedy. In this view, this Court does not consider it apposite to entertain the present petition. The same is, accordingly, dismissed.

VIBHU BAKHRU, J FEBRUARY 03, 2020 RK