HOTEL AMUTHAS Vs. THE DISTRICT COLLECTOR AND ORS.

JUDGEMENT

(1.) Assailing the legality and validity of the order dated 31.10.2014 passed by the District Magistrate and District Collector, Coimbatore / first respondent, the petitioner has come up with this petition.

(2.) The brief facts relevant for adjudication of the dispute are as under:

(3.) According to the third respondent Bank, after taking symbolic possession, an appropriate application under Section 14 of the SARFAESI Act was made before the first respondent, which was ordered on 31.10.2014. It is also the case of the third respondent Bank that the entire property was in physical possession of the borrowers when mortgage was originally created on 1.8.2006. However, the petitioner was inducted in possession of a portion of the property, admeasuring 3500 sq.ft., and as such, it was not necessary to give any notice to the petitioner before taking orders from the District Magistrate under Section 14 of the SARFAESI Act. It is also stated that the impugned order dated 31.10.2014 has already been executed by the second respondent on 30.12.2014.