AUROVILL APPLIANCES PVT LTD Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India has been preferred, inter alia, with a prayer to quash and set aside the impugned order dated 09.05.2014, passed by respondent No.2 - Additional District Magistrate, Valsad, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("the SARFAESI Act" for short), on the ground that the said order is without jurisdiction and the authorised officer of respondent No.3 - Central Bank of India, has no power to evict the petitioner, who is a lessee, from the disputed property, in view of the provisions of subsection 13 of Section 13 of the SARFAESI Act. It is further prayed that the seals and lock applied by respondent No.3 - Bank on the premises of which the petitioner is a lessee be opened and the possession thereof be restored to the petitioner.

(2.) Briefly stated, the facts of the case emerging from the memorandum of the petition are to the following effect:

(3.) In the background of the above factual scenario, the petitioner challenges the order dated 09.05.2014, passed by respondent No.2 - Additional District Magistrate, under Section 14 of the SARFAESI Act.