INDIAN OVERSEAS BANK Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:

(2.) The case of the writ applicant, as pleaded in the writ application, is as under:

(3.) Thus, it appears from the materials on record that the Bank preferred an application before the District Magistrate, Ahmedabad under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act'). The said application was ordered to be filed by the District Magistrate on the ground that the Bank has already preferred an original application before the Debts Recovery Tribunal, and in such circumstances, the appropriate remedy would be to seek relief from the Tribunal itself.