KAPARDI RAMASHANKAR JOSHI Vs. INDIA HOME LOAN LTD.

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, petitioners have prayed for the following reliefs:

(2.) The petitioners have challenged the order dtd. 31/1/2022 passed in Criminal Misc. Application No. 2475 of 2021 by the Chief Metropolitan Magistrate, Ahmedabad, while exercising jurisdiction under Sec. 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (hereinafter ' SARFAESI Act ').

(3.) Learned advocate Mr. Balram Jain for the petitioners, under instructions, submitted that in view of the provisions of Sec. 17 of the SARFAESI Act, the petitioners would like to agitate their grievance before the Debt Recovery Tribunal, Ahmedabad (DRT). It was submitted that the petitioners shall prefer an application under Sec. 17 of the SARFAESI Act challenging the action taken by the respondent - financial institution under the SARFAESI Act before the DRT within a period of four weeks from today.