PUTRI Vs. DISTRICT MAGISTRATE, HARIDWAR AND ORS

JUDGEMENT

(1.) Appellant is the writ petitioner. Apprehending her dispossession from the property by the respondent Bank, which had launched proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for brevity "SARFAESI Act"), appellant filed writ petition claiming following relief:

(2.) Learned Single Judge has recorded the contention of the appellant that appellant has nothing to do with the Bank. She was neither the borrower nor the guarantor of the loan. But respondents are taking possession of her property mistaking it to be the property mortgaged by respondent No. 5.

(3.) Observing that since the possession has to be taken by the orders of the District Magistrate, learned Single Judge has disposed of the writ petition directing the Magistrate to look into this aspect while proceeding under Section 14 of the SARFAESI Act.