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Bombay High CourtWP/111/2020dismissedrule discharged

Smt. Laxmi Wd/O Madangopal Girdhar And Others v. The Authorized Officer, Bank Of India, Bhandara And Others

2020-01-07Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice A.S. Chandurkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION No.111/2020 Smt. Laxmi wd/o Madangopal Girdhar and others Vs.

The Authorized Officer, Bank of India, Main Branch, Bhandara and others. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.P.Kshirsagar, Advocate, for petitioners. Mrs. S.S.Jachak, Assistant Government Pleader for respondent nos. 2 and 3.

CORAM

: R.K.DESHPANDE and A.S.CHANDURKAR, JJ.

DATE : 07.01.2020 Petitioners are the borrowers and have suffered an order from Debts Recovery Tribunal. The property was attached and it was auctioned. The Sale Certificate was issued on 09.05.2017. The auction purchaser has obviously deposited the entire amount with the bank. The contention is that after issuance of the Sale Certificate, there is no jurisdiction to execute the order passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (for short, '

the SARFAESI Act'

) for taking possession of the property. The possession can only be taken in execution of the decree passed by the Debts Recovery Tribunal.

We put a specific question to the learned counsel for the petitioners to point out to us the provision under which such possession can be taken in absence of any order passed under Section 14 of the SARFAESI Act. The learned counsel for the petitioners unable to show us

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2/2 any such provision. The petitioners have a remedy to challenge the order impugned by filing an appeal before the Debts Recovery Appellate Tribunal.

In the facts and circumstances of the case, we do not find any reason to entertain this petition. The writ petition is dismissed. No costs.

JUDGE JUDGE Andurkar..