Bhim Sain v. District Magistrate Bhiwani And ORS

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-7135-2018 Date of Decision: March 22, 2018 Bhim Sain .....Petitioner

Versus

District Magistrate, Bhiwani and another ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SHEKHER DHAWAN 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.Jatin Hans, Advocate for the petitioner.

........

SURYA KANT, J.

The petitioner's grievance is against an order passed by the District Magistrate, Bhiwani in purported exercise of powers under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, 'the SARFAESI Act'). The possession of the secured asset has already been taken by the Bank. The writ petition involves various questions of facts which, in our considered view, can be effectively resolved by way of a petition before the Debts Recovery Tribunal (for brevity,'the DRT'). [2] We, thus, dispose of this writ petition by relegating the petitioner to avail the above-mentioned alternative remedy. However, if the secured asset comprising industrial plot is sold by the Bank, the sale may not be confirmed for a period of two weeks so as to enable the petitioner to approach the DRT meanwhile.

( SURYA KANT ) JUDGE March 22, 2018 ( SHEKHER DHAWAN ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2018.03.26 16:24 I attest to the accuracy and authenticity of this document chandigarh