DENA BANK Vs. DISTRICT MAGISTRATE ALMORA AND OTHERS

JUDGEMENT

(1.) The petitioner in the present writ petition has challenged the impugned order dated 16.09.2017 as passed by the District Magistrate. By virtue of the impugned order the District Magistrate has recalled his earlier order dated 01.09.2017, which is said to have been passed by him while exercising his powers under Section 14(1)(2) of the SARFAESI Act of 2002. The reasons which has been assigned by the District Magistrate for passing the impugned order was that it happens to be in contravention to the proceedings pending by way of Special Civil Application No. 128 of 2017 'Parth Parental Pvt. Ltd. vs. Dena Bank' before the Gujarat High Court, in which there happens to be an interim order passed on 28.04.2017, whereby, there has been a restraint order that the possession of the property in question which has been mortgaged would not be taken by the Bank, in the light of the order passed by the Gujarat High Court the District Magistrate contends to have passed the impugned order dated 16.09.2017 as his order dated 01.09.2017 would derogate the order of Gujarat High Court.

(2.) The learned Senior Advocate appearing on behalf of the petitioner has extended his argument from the view point that once the District Magistrate exercises his powers under Section 14 of the Act, he has got no power to review or recall his own order because the exercise of powers under Section 14 happens to be a quasi judicial powers of taking over the possession under the provisions of the Act of 2002.

(3.) Another argument which has been extended by the learned counsel for the petitioner is that even prior to recalling of the order no notice was ever served on the petitioner. Thirdly, he submits that the District Magistrate could not have suo moto exercised the powers of recalling the order dated 16.09.2017, without there being any application filed by any of the parties affected.