SURESHBHAI MOHANJI THAKOR Vs. DENA BANK

JUDGEMENT

(1.) The petitioner herein has prayed to quash and set aside the order dated 17.05.2017 passed under Section 14 of the SARFAESI Act, 2002 issued by respondent no. 3.

(2.) Mr. Kurven Desai, learned advocate for the petitioner states that the order impugned in the petition is without jurisdiction and he has relied on a decision of this Court rendered in Special Civil Application No. 10556 of 2012 in the case of Manjudevi R. Somani vs. Union of India . This Court in the said decision while considering the issue as to whether under Section 14 of the SARFAESI Act, the Collector or the Additional District Magistrate is the competent authority to pass an order and has held as under:

(3.) Admittedly, in the present case also the order impugned has been passed by the Additional District Magistrate. Int hat view of the matter, it appears that the order is passed without jurisdiction.