DHARMENDRA KUMAR Vs. DISTRICT MAGISTRATE, RAIPUR & OTHERS

JUDGEMENT

(1.) Axis Bank - secured creditor filed an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called as "the Act of 2002") before the District Magistrate, Raipur seeking assistance for taking physical possession of secured asset supported by requisite affidavit. In the said proceeding the petitioner herein made an objection that he is lessee of secured asset w.e.f. 10.07.2014 on monthly rent of Rs. 3,50,000/- and in possession of said premises and also pleaded that he can only be evicted in accordance with the provisions contained in the Chhattisgarh Rent Control Act, 2011 and therefore the application under Section 14 of the Act of 2002 deserves to be rejected.

(2.) The learned District Magistrate after satisfying with contents of the affidavit accompanied with the application, granted the application under Section 14 of the Act of 2002.

(3.) Feeling aggrieved against the order of District Magistrate under Section 14 of the Act of 2002 this writ petition under Article 226/227 of the Constitution has been preferred by the petitioner/lessee.