LAWS(GJH)-2017-2-39

HITESH PRAVINCHANDRA JANI Vs. DISTRICT MAGISTRATE & 3

Decided On February 10, 2017
Hitesh Pravinchandra Jani Appellant
V/S
District Magistrate And 3 Respondents

JUDGEMENT

(1.) All the three captioned petitions could be heard HC-NIC Created On Sat Feb 11 04:18:59 IST 2017 C/SCA/20928/2016 ORDER and treated for disposal as per this common order, as they arise from common order and involve similar facts and the same issue.

(2.) All the petitions are directed against order dtd. 26/9/2016 passed by the District Magistrate, Rajkot, pursuant to application of the respondent No.2 bank under Sec. 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

(3.) It appears that the bank proceeded against the original borrower-the respondent No.3 herein to recover the amount due by invoking the provisions of SARFAESI Act, 2002 and in the process, filed the application under Sec. 14 of the Act having reached the stage for seeking the physical possession of the secured properties.