NIRDESHBHAI GOVINDBHAI KAPADIYA Vs. HONERABLE DISTRICT MAGISTRATE

JUDGEMENT

(1.) This Letters Patent Appeal is filed under Clause 15 of the Letters Patent by the original petitioners in Special Civil Application No.12337 of 2017 aggrieved by the order dated 27.12.2017 passed by the learned Single Judge.

(2.) The aforesaid Special Civil Application is filed challenging the order dated 8.6.2017 passed by the District Magistrate in SARFAESI Case No.104 of 2017 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002. (hereinafter referred to as the 'Act of 2002').

(3.) Learned Single Judge, mainly on the ground that questioning the measures taken under the Act of 2002, the appellants have already approached the Debts Recovery Tribunal by way of Securitisation Application, and in view of such pendency of the application in Securitisation Application No.135 of 2017, the present petition filed under Article 226 of the Constitution of India cannot be entertained. Learned Single Judge has observed that it is open for the appellant- petitioner to pursue the remedy which he has already availed by way of Securitisation Application No.135 of 2017.