Sai Swadhin Commercial Pvt. Ltd., Koraput v. Collector And Dm., Ganjam

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.25499 of 2022 Sai Swadhin Commercial Pvt. Ltd. & Others .... Petitioners Mr. Saswat Kumar Acharya, Advocate -versusCollector & District Magistrate, Ganjam, Chatrapur at Ganjam and Others .... Opp. Parties

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 29.09.2022 Order No.

01.

This matter is taken up through virtual/physical mode. 1.

The defaulting borrowers are before this Court challenging the order dated 16th September, 2022 passed by the Collector-cum-District Magistrate, Ganjam under Section 14 of the SARFAESI Act, 2002 (for short, the Act, 2002") on the application moved by the secured creditor/Union Bank of India for providing official assistance to secure the actual physical possession of the secured assets.

2.

Learned counsel for the petitioner heard.

3.

Keeping in view the nature of the prayer made, we are of the view that the appropriate remedy for the petitioners is to approach before the DRT under Section 17 of the Act, 2002 as held by a Division

// 2 // Bench of this Court in W.P.(C) No.26500 of 2021, titled as M/s. Maa Kalika Bhandar and others Vs. The Collector and District Magistrate, Khordha & Others decided on 29th June, 2022.

3.

In view of the above, the Writ Petition is dismissed by relegating the petitioners to seek their available remedies in accordance with law before the DRT.

(Jaswant Singh) Judge (M.S. Raman) Judge Sipun 29th September, 2022 Cuttack