KASTURBEN Vs. BANK OF BARODA

JUDGEMENT

(1.) Heard learned advocate Mr.Kirtidev R. Dave for the petitioners and learned advocate Mr.Bhaskar Sharma or the respondent.

(2.) By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the quashing and setting aside the action of the respondent-Bank in taking symbolic possession of the respective residential houses of the petitioners on 11/6/2019 and further also prayed to quash and set aside the order passed by the Mamlatdar and Executive Magistrate, Tankara dtd. 24/8/2020 and consequential action which may be taken by thereof.

(3.) The brief facts of the case are not dealt with in detail as the petition is disposed of on the ground that the petitioners have alternative efficacious remedy as the petitioners fall into category of "any person" who are aggrieved by the action taken by the respondent No.1-Bank under the provisions of Sec. 13(2) of the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act , 2002 (for short 'the SARFAESI Act ').