GRUH FINANCE LIMTED Vs. THE DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard learned advocate Mr. Harshadray Dave for the petitioner and learned advocate Mr. Jigar Gadhavi for the second and third respondents. The first respondent is District Magistrate for whom none appeared, though served with the notice of this Court.

(2.) The petitioner Gruh Finance Limited challenges orders dated 04.05.2016 passed by the first respondent-District Magistrate, Mehsana whereby the application of the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 came to be rejected and the first respondent refused to render assistance for taking possession of the secured asset.

(3.) As the private respondents herein failed to pay the dues of the petitioner, the recovery proceedings under the SARFAESI Act were initiated by the petitioner against them. Notice under Section 13(2) was issued and thereafter, notice under Section 13(4) was also issued. As the possession was resisted, the petitioner filed an application under Section 14 of the Act seeking assistance from the first respondent which was rejected.