JITENDRA GHUSABHAI HIRAPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.P.S.Chandra learned advocate for the petitioner, Ms.Divyangna Jhala learned AGP for respondent nos.1 and 2 and Mr.Sandip Bhatt learned advocate for respondent no.3.

(2.) In this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 27.03.2019 passed by the respondent no.2 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 ('the SARFAESI Act ' for short).

(3.) Having heard Mr.Chandra for the petitioner and Mr.Sandip Bhatt for the Bank, it is pointed out by Mr.Bhatt that pursuant to the order under challenge, the bank has already taken physical possession of the flat which is the subject matter of the order on 17.10.2019. First auction was held on 19.12.2019 but the attempt failed. It is therefore now that the bank will be undertaking the second auction on 22.06.2020. He further submits that the petitioner can avail of an alternative remedy under Section 17(1) of the SARFAESI Act.